A new Jodi Arias trial could take place sometime in September to determine whether Arias will be sentenced to life in prison or execution after being convicted for the murder of her boyfriend, Travis Alexander, in May. A new batch of jurors will likely be assembled to determine Arias’ sentence after the first sentencing jury failed to reach a decision, causing a mistrial.

Arias’ attorneys are asking that the death penalty be taken off the table, which would leave Judge Sherry Stephens in charge of whether Arias would receive life in prison without the possibility of parole, or life in prison with the possibility of release after twenty-five years.

Kirk Nurmi, Arias’ attorney claim that, though the jury found Arias guilty of a murder they deemed ‘exceptionally cruel’ – a phrase that makes Arias eligible for the death penalty – the jury did not have the legal understanding to categorize the murder as such.

To be sentenced to death, the jury must unanimously agree that her crimes were ‘exceptionally cruel,’ and that she should be given the death penalty.

Motions from both sides are set to be filed by August 5, and Judge Stephens reportedly hopes to set a date for retrial after another status conference on August 26.

Olivia Truffaut-Wong