Shayna Hubers wants a new trial less than a month after she was convicted of shooting and killing her boyfriend.
A Campbell County judge will consider her request over the phone on Friday. The hearing was set to take place in court but was changed to a phone call for unknown reasons.
Hubers' attorney detailed his argument in an eight-page motion filed April 28.
Among the key points that will be argued are Hubers' handwritten notes to her attorney that were used by the prosecution during trial.
The defense says they were stolen by her cellmate and violate client-attorney privilege.
The defense also argues key witnesses were not allowed to testify, and social media posts made by the victim, Hubers' ex-boyfriend Ryan Poston, conflict reports he was passive and non-violent. Those were not permitted to be shown to the jury.