Jack D. McCullough, the man recently convicted of the 1957 abduction and murder of Maria Ridulph, now wants a retrial, according to a Tuesday Daily Chronicle article.

McCullough’s attorney, interim Public Defender Tom McCulloch, said the motion for a retrial will allow the judge to change their mind, so long as the motion is filed within 30 days of the verdict. The defense attorneys are fighting for a retrial on the grounds of inconsistent judgemental practices by Kane County Associate Judge James Hallock, in its seven-page motion. The defense claims Hallock erred several times during the trial, including by allowing a John Doe witness on behalf of the state, barring the use of FBI reports that supports McCullough’s alibi and allowing a deathbed statement from McCullough’s mother, Eileen Tessier. The defense claims Tessier confused when she made her statement, as she was under the influence of morphine at the time of her death, according to the Daily Chronicle article.

McCullough’s sentencing hearing is scheduled for Nov. 30.