The lawyer for Amy Senser, who was found guilty of criminal vehicular homicide in a 2011 hit-and-run fatality, is asking the Minnesota Supreme Court to review the case, the Pioneer Press reports.
The state Court of Appeals upheld Senser's conviction in June, a ruling that defense attorney Eric Nelson said was wrong on several counts.
Senser, 47, the wife of former Minnesota Viking and restauranteur Joe Senser, struck and killed 38-year-old Anousone Phanthavong on an exit ramp of I-94 while refilling the gas tank of his stalled car.
Senser was sentenced to four years in prison.
Nelson still maintains that the evidence that Senser knew she hit a person was circumstantial and not enough to support a guilty verdict.
He also argues that evidence showing Phanthavong had cocaine in his system should have been allowed during the trial.
In his petition to the Supreme Court filed Wednesday, Nelson cited a previous state Court of Appeals ruling that "impairment of the victim is relevant evidence in criminal vehicular homicide cases where the element of causation is in question, particularly in cases where impairment of the driver is also litigated."
Nelson is also asking the state Supreme court to review "the note," a communication that some jurors sent to Mabley after a verdict is reached, the Pioneer Press reported.
The jurors said they believed Senser thought she had hit a vehicle and not a person, which Nelson says shows that the jurors did not understand the law they were asked to apply.
Senser is 11 months into a 41-month sentence at the state women’s prison in Shakopee. She is set for supervised release in Oct. 2014.
The newspaper says attorneys for Hennepin County have until Aug. 13 to file their response.