Milke was released from jail in 2013 after 22 years on Arizona's death row, but still faced the possibility of a retrial and remained free on bail with an electronic monitoring bracelet.
On Monday, Maricopa County Superior Court before Judge Rosa Mroz found that there was not enough evidence to take the case against Milke to trial. She ordered the charges dismissed with prejudice - meaning she cannot be re-tried.
The hearing took just two minutes, according to KSAZ-TV.
Milke, 51, hugged her lawyer and her supporters and sobbed as she left the courtroom today.
Milke's conviction was based almost entirely on Phoenix police Detective Armando Saldate's claims that she had confessed to him that she plotted to killed her son Christopher. The confession was never recorded and it was later revealed that Saldate had a history of fabricating evidence and lying under oath.
Prosecutors argued that Milke no longer wanted Christopher, but hated his father so much that she didn't want to give up custody of the boy. At the time of his arrest, Scott claimed that Milke had discussed splitting the boy's $50,000 life insurance policy with him - but later recanted that statement.
In 2013, the 9th Circuit Court of Appeal found 'serious doubts on the validity of the Defendant’s alleged confession' based on allegations of Saldate's past misconduct.
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