The hearing was canceled Monday in Grantsville, and was shifted to Roane County.

Jerome Novobilski, Shamblin's attorney, protested the taking of the sample from Shamblin, saying he is not under indictment, nor do the rules of discovery apply.

Prosecutor Minney said the state has the right to collect evidence based on probable cause, that the case is ongoing.

Judge Nibert said "Until I have more information, I cannot issue an order (to take Shamblin's blood). Nibert said he wanted technical clarification. Another hearing on the issue is scheduled in January.

"The problem is the small amount of blood on the weapon," said Minney.

The prosecutor would not confirm that a 16-gauge shotgun linked to the Groves-Hicks crime scene was the murder weapon. That gun or another gun taken from Shamblin's residence has a speck of blood.

The State Police crime lab has indicated the sample is so small, all blood analysis needs to be done at the same time. They contend the test needs to be done to separate the victim's blood from that of a possible suspect.

Bobby Ray Shamblin (L) was charged last May with the double murder of Ward Groves and his ex-wife Mary Hicks. He was released from Central Regional Jail on $100,000 bond in June after State Police failed to provide sufficient evidence linking him to the murders.

A magistrate ruled there was still probable cause to have Shamblin put before a Grand Jury, which is scheduled next month.

Shamblin was charged with the crime based on a statement given to State Police by 15-year-old Ronnie Rush, who said Shamblin was the subject who brutally murdered the Sand Ridge couple while they were asleep in bed.

Rush is still in custody, his case is being processed in juvenile court.

The State Police crime lab took Shamblin's Blazer to Kanawha County about two weeks ago for forensics.