Dalia Dippolito is heading back to court Friday afternoon.
Her defense is asking for a new trial on the grounds that a juror was allegedly sleeping during key testimony.
The state sees this as a simple ploy to get Dippolito a new trial after she was found guilty of soliciting a hit man to kill her then husband. The crime was also featured on an episode of "Cops."
The state says the argument is convenient to make, noting that throughout the trial the defense made several objections but said nothing about a sleeping juror until the very end.
The judge said he watched jurors closely and saw no one sleeping.
During Friday’s hearing, Judge Glenn Kelley could decide if he should investigate the matter further by interviewing other jurors.
At the end of the day, the state says its a moot point because both alternates said they too would have found Dippolito guilty. Friday's hearing is scheduled for 1 p.m.