A Groves, Texas, man with a bullet in his head since 2006 is continuing his lawsuit over efforts to have the slug removed.
Prosecutors say Bush was wounded in July 2006 by a business owner during a shootout in a failed break-in.
Bush says he was accidentally shot by a friend.
Court-ordered removal of the slug was not completed because of bone growing around the bullet.
A jury in 2008 acquitted Bush of aggravated assault. A plea deal on other charges led to two years in state jail, with credit for time served.
Bush in July 2009 received five years in prison for unlawful possession of a firearm, over his arrest two months earlier in a theft investigation.