Skilling's conviction on a 19 counts in 2006 went all the way to the Supreme Court last year, the Houston Chronicle reported Thursday.
The Supreme Court ruled that the instructions concerning a conspiracy charge given to the jury in Skilling's trial were not appropriate based on the honest services fraud theory, which revolves around an executive of a company breaking trust defined as "the intangible right of honest services."
However, the Supreme Court kicked the issue back to the 5th U.S. Circuit Court of Appeals, which then found the error in jury instructions did not result in any harm.
The appeals court ruled that the conspiracy conviction would have held based on other legal arguments.
Skilling's attorneys, however, filed papers saying, "Skilling's petition will demonstrate that the [appeals] court's holdings … conflict with the decisions of other circuits and with Supreme Court precedent."