The judge issued the decision this morning after special prosecutor Ed Parkinson of Morgan County filed a motion to dismiss the charge.
Former Pike County States Attorney Carrie Boyd filed a misconduct charge last month against Petty who also serves as the county coroner.
The charge accused Petty of failing to tell the mortuary *not* to embalm the body of Shanda Lopez before toxicology samples were taken.
Lopez died in September 2012 as a result of an apparent drug-induced homicide.
Boyd resigned earlier this month via voicemail citing personal reasons.