The case has been remanded back to Spotsylvania County Circuit Court and Chesapeake City Circuit courts for a new sentencing hearing, according to online court documents.
Malvo was sentenced to life in prison without parole for the sniper-style attacks committed in October 2002, along with John Allen Muhammad.
In January, Richmond defense attorney Craig Cooley asked a judge to toss out the life sentence against Malvo because the U.S. Supreme Court has since ruled it unconstitutional to sentence juveniles to life in prison without parole, without a sentencing hearing.
Malvo could still be resentenced to life in prison without parole.
A total of 10 people were killed and three others were shot during a three-week period that left residents of the District of Columbia, Virginia and Maryland on edge.
Muhammad was executed in 2009 for the killings.
Malvo was 17 at the time, a reason Cooley said he took the case. He said in a previous interview with WTVR that the motivation was simple: No civilized country -- in fact no other country -- sanctions the execution of juveniles.
Cooley said he believes Malvo was the first and most carefully planned victim in the murder spree, orchestrated by his father-figure, Muhammad.
A year after the jury unanimously spared Malvo’s life, the U.S. Supreme Court ruled executing juveniles was no longer constitutional.