Saraya Atkins’ attorneys are asking for an acquittal following the jury’s recommendation of the death penalty last month.
Atkins was convicted of murder in the death of Robert Perry, a man Atkins and another woman, Kymberli Lindsey, robbed and shot.
Atkins’ attorneys argue that the state did not prove intent, saying Perry and Atkins had a struggle for the gun when it went off and that Atkins did not intend to kill Perry.
The motion was filed on Monday. Atkins would be the sixth woman in Alabama on death row.
For more information on the case, click here.