Phien Sisouvanh is accused of murdering a pregnant woman and cutting her unborn baby from the womb.
Friday, January 16th, her attorney asked for another month to send the prosecutor his argument against the death penalty.
Once the defense responds, Prosecutor Andy Miller has 30 days to decide whether to seek the death penalty.
The judge today also scheduled the trial for May, but if prosecutors seek the death penalty, Sisouvanh's attorney says the defense would need more time to get ready.
In death penalty cases, typically the defense brings in another attorney who specializes in capital punishment defenses.