Jodi Arias is going to be returning to the Maricopa County courtroom where she was convicted of murdering Travis Alexander as her attorneys attempt to avoid a second sentencing trial by having a judge throw out the previous jury's ruling that Arias was eligible for the death penalty, according to the Associated Press.

Arias was convicted of first-degree murder for the stabbing and shooting of her former boyfriend Travis Alexander but was never sentenced. After determining that Arias could receive the death penalty the jury became deadlocked over how to sentence her and a mistrial was called. By Arizona law the state can convene a second jury and attempt to prove the death penalty once more, a move that prosecutors are still contemplating. If they decide not to move forward Arias will be given life in prison, according to the Associated Press.

In a hearing to determine if Arias would be eligible for the death penalty the jury ruled that she was eligible since she had acted in an "especially cruel" manner. Arias' defense attorneys are taking exception to the wording of "especially cruel" in their attempt to have the ruling thrown out. In a motion to the court they have argued that jurors lacking legal experience are unable to decide what makes one murder crueler than any other murder, reports the Associated Press.

The defense's motion also takes issue with a 2002 Supreme Court decision that gives a defendant the right to have a jury decide on whether or not the death penalty is applicable instead of a judge.

"Given the apparent difficulties that judges face (prior to the ruling) in applying the statute in a uniform, consistent manner, juries are understandably less equipped to do," attorney Kirk Nurmi wrote in the motion, according to the Associated Press.

Today's court appearance could help to establish when a secondary sentencing phase for the trial will begin. The prosecution is hoping that everything can get rolling by July 30. Defense attorneys have argued that because of scheduling conflicts and the need to prepare witnesses to speak on Arias' behalf they will need to delay until January, Reuters reports.

Maricopa County Bill Montgomery appears to be ready to go forward with a second attempt at obtaining the death penalty. Montgomery has said in the past that he would consider the opinions of Alexander's family before going through with a second sentencing trial but has given no indications that there have been objections, according to Reuters.

Today's hearing is scheduled to start at 10:30 a.m. PDT and a live stream can be seen here.