The question of the Menendez brothers' resentencing has been the subject of a legal back-and-forth in the prosecutor's office.

Los Angeles judge Michael Jesic ruled that the resentencing process for Erik and Lyle Menendez will move forward, rejecting District Attorney Nathan Hochman's motion to withdraw the petition initiated by his predecessor.

Lyle and Erik, who were sentenced to life without parole for the 1989 murders of their parents, have been behind bars for 35 years