LAWRENCE, Kan. (AP) — The retrial of a Lawrence man convicted of killing his wife in 2004 is stalled while he seeks a new prosecutor.

Martin Miller plans to ask the Kansas Supreme Court to disqualify the Douglas County District Attorney’s office from prosecuting him during this second trial.

Miller was convicted in 2005 of first-degree murder in the July 2004 death of 46-year-old Mary Miller at the couple’s home. The Kansas Supreme Court overturned the conviction in February, citing incorrect jury instructions.

6NewsLawrence reports  that a Douglas County judge on Tuesday allowed Miller’s attorneys request to delay the county case while attorneys ask the Kansas Supreme Court to disqualify the District Attorney’s office, alleging misconduct.

The District Attorney’s office opposed the effort, saying the disqualification was not warranted in this case.