Attorneys for convicted murderer Shayna Hubers say one of the jurors on her case should have never been seated.
The defense is calling for a mistrial after finding out that one of the jurors was a convicted felon.
Under Kentucky law, a person is “disqualified to serve on a jury, if the juror has been previously convicted of a felony and has not been pardoned or received a restoration of civil rights,” the mistrial motion states.
The defense says Juror No. 483 did not disclose his criminal history on the juror questionnaire. The discovery was made on Jan. 14.
Last April, the jury recommended Hubers, 24, spend 20 years behind bars for the 2012 murder of boyfriend Ryan Poston.
Hubers told the jury that she shot Poston several times in self-defense.
Hubers claimed the couple fought the night of the shooting. She told police she picked up a gun from a table and fired.
The victim’s family released the following statement after news of the mistrial motion:
"While we understand that documents have been filed with the Court requesting the possibility of a new trial, we are not lawyers and therefore unable to comment upon the merits of this recent development. Further, we again express our unwaivering confidence in the office of the Campbell County Prosecutor and all those public servants who worked so diligently to hold this convicted murderer accountable. Lastly, regardless of the procedural outcome, we are steadfast and absolute in our resolve and determination to protect and defend Ryan’s memory and to hold the perpetrator of this unspeakable crime responsible."