PROVO -- Attorneys finally have a schedule for Timmy Brent Olsen's appeal in the Utah Supreme Court, but it will still be several months before the case gets back on track in state court.

Olsen is appealing Judge Lynn Davis's denial of a change of venue for his murder trial in the disappearance of Kiplyn Davis, who disappeared from Spanish Fork High School in 1995. His trial was originally scheduled to take place in April this year, but the trial was put on hold while attorneys await the results of the appeal.

Carolyn Howard, Olsen's attorney, said it is very unlikely her client will get a fair trial if Spanish Fork residents are part of the jury pool. Investigators have compiled tens of thousands of pages of documents about the case, which shows the case has been highly publicized and is well known in the county and across the United States.

"We're confident that the Supreme Court will overturn the decision," she said.

Howard said defense attorneys must submit a brief to the Supreme Court by Dec. 1, after which prosecutors will have 30 days to submit a response. Defense attorneys will then have another 30 days to submit a reply before arguments are heard before the court.

Olsen is happy that his case will soon be heard before the Supreme Court, Howard said, but she hopes there will be no need for extensions in the appeal in order to keep the case running smoothly. Her client is very positive and works well with attorneys, she said.

"Timmy is very optimistic," Howard said. "He keeps an incredible attitude."

Judge Davis set a status conference on April 7 in order to give both sides plenty of time to get briefs and arguments to the Supreme Court. Prosecutor John Nielsen said it is a slow system at times in order to ensure that due process is followed. It is possible the state case will go forward in April if the appeals process moves very quickly, but it may just end up being continued again.

Richard Davis, Kiplyn's father, said it is disappointing to wait so long for the case to move forward, but he is glad a briefing schedule has finally been set.

"Any progress in this case is good news for us," he said.

Davis said he will attend oral arguments and every other hearing in the appeal as he has with the state case. He said the state case has been slower than the federal charges were, and the courts could likely learn something from the federal system. The speed of the case is likely frustrating for both sides, but he will not give up.

"I don't make the rules, so I just have to play the game," he said.