Jose Ibarra

Jose Ibarra is requesting a new trial from the very judge who sentenced him to life without parole.

In his original trial, Ibarra had waived his right to a jury and Judge Patrick Haggard found him guilty of murdering Lakin Riley.

The Georgia nursing student was attacked while jogging in February of that year.

Ibarra's new lawyers argue his constitutional rights were violated when the judge allowed cell phone evidence the defense had tried to exclude.

They also

say the trial schedule failed to allow a defense expert enough time to properly review key DNA evidence in the case.