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(AP) -- The Georgia Supreme Court says a psychological test should not have been administered to a man facing murder charges in the death of his girlfriend. 

The court on Monday ordered the trial court in the Bibb County case of Jomekia Dechelle Pope to keep the report under seal unless Pope gives notice that he intends to present expert mental health testimony. 

Pope is charged with dousing his girlfriend, Latosha Taylor, with gasoline, then setting her house ablaze in August 2005.  She died nearly two months later.

Pope was charged with malice murder, felony murder and arson. Prosecutors are seeking the death penalty. 

The high court says the test was improperly ordered to keep Pope from raising the issue on appeal.

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