The case against Marie Billingsley has once again been pushed back as the defense asked for more time for the presiding Circuit Court Judge Tommy Jones to get all the details of the case. The sentencing hearing has been rescheduled for April 16 at 2 p.m.

Billingsley’s attorney, Angela Starr, filed a motion of recusal and continuance, saying her client is at a disadvantage because Jones was not there for Billingsley’s trial initially and she wanted to provide additional information to Jones.

“After the order of recusal was entered by the honorable Jack Meigs, I received a court notice … setting this matter and advising me that your honor had been assigned the case … for sentencing for May 28, 2012,” Starr said. “Certainly that would’ve given me adequate information after the court’s recusal on May 28, 2012 to have filed any and all appropriate motions that may’ve been available to Marie Billingsley …”

Starr said she wanted the courts to hear the victim in the case, Mary Thomas of Perry County, and to file more motions.

“While there are members of the family of Marie Billingsley here today, there are certain members who were present last time for the sentencing hearing who wish to testify … are unable to be here today because of the inadequate notice,” Starr said. “We would ask the court to continue this matter as indicated from the court notice I received May 28, would give me adequate time to file the appropriate motions for this defendant …”

Assistant Attorney General Andrew Arrington said according to state law, there is no stipulation or order to have advance notice before a hearing.

“She (Billingsley) was convicted back in December your honor … there were no post trial motions filed in this case whatsoever,” Arrington said. “Ms. Thomas (victim) is very well aware, she may interact with whoever she wants to, speak with whoever she wants to. For the record the state has not told her not to speak to council … it’s up to her.”

Starr said she wants the courts to avoid the appearance of any sort of impropriety, prejudice or personal opinion during this case.

Starr admitted to not having filed any subpoenas during last week’s case, where Meigs recused himself, due to other obligations. She believes Jones should have time to review the case more in depth.

Jones will allow the counsel to file responses and point out to him what is important for him to consider from the case’s transcript.

Billingsley was found guilty on charges of solicitation of murder, criminal conspiracy to commit murder and three counts of forgery second degree, in December.