Prosecutors have argued against releasing the Mebane man while they appeal the dismissal.
Superior Court Judge Orlando Hudson dismissed the charge last year after ruling that prosecutors had destroyed evidence without allowing the defense to review it.
Dorman was accused of killing 31-year-old Lakeia Boxely in 2008 and then carrying her bones around in a backpack.
When Dorman was arrested, he told investigators he simply found the remains. His defense team said police failed to preserve the bones so they could be examined by defense experts. Boxley's family had them cremated after they were released by the medical examiner's office.
The North Carolina Court of Appeals is expected to take up Dorman's case later this month.
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