The Sac County man, who was convicted last month of murdering his mother, has asked for a new trial.
The attorney for Kirk Levin has filed a motion for a new trial citing, among others, insufficient evidence his mother's death was premeditated. Premeditation is a requirement of first-degree murder. That's what Levin was convicted of, in June, in the death of his mother, Marilyn Schmitt.
Schmitt's body was found in her rural Sac County farmhouse, last winter, while authorities were investigating a kidnapping case.
Levin also claims the jury's decision went against the weight of the evidence saying the court allowed inadmissible evidence, and the court should have granted his second change of venue request.
There's no word when a decision on a new trial will be made