The Supreme Judicial Court in Boston is set to hear the appeal of Worksop man Neil Entwistle next month.
Entwistle was found guilty of killing his wife Rachel and nine-month-old daughter Lillian Rose in 2006.
Entwistle’s lawyer argues that evidence taken from the couple’s rented house in Hopkinton was seized illegally because police did not have the right to search the home without a warrant.
But prosecutors say police were justified as ‘community caretakers’ to go into the home after receiving reports from worried family members and friends.
The hearing, to decide whether Entwistle deserves a new trial, is due to take place on 6th April.