A Leavenworth woman whose 2017 rape conviction was overturned is scheduled to have a new trial next month. But her attorney may ask to postpone the trial.

A Leavenworth woman whose 2017 rape conviction was overturned is scheduled to have a new trial next month. But her attorney may ask to postpone the trial.

Mahogany Payne, 44, was convicted in 2017 of raping a 16-month-old child. She was sentenced to life in prison with the possibility of parole after 25 years.

The crime is alleged to have occurred Jan. 12, 2016.

The conviction was overturned in September. Appellate judges found that the district court judge who presided over the trial erred by not allowing Payne’s attorney at the time to finish his closing argument.

A new trial for the rape charge is scheduled for March 9 in Leavenworth County District Court.

Payne appeared in court Friday for a status hearing.

Greg Robinson, the attorney who now represents Payne, said he may file a motion to request a continuance of the trial. But Robinson said he first wants to speak with his client.

“I need to meet with her in greater detail,” he said.

District Judge Michael Gibbens scheduled another hearing for Feb. 26.

Also Friday, Robinson questioned whether his client needed to have a new preliminary hearing before a trial.

Robinson said he has been involved in cases in other jurisdictions that have been remanded back to the district court level from appellate judges. Robinson said these other cases basically started over once they were remanded back to district court and his clients had new preliminary hearings.

Robinson said he just wanted to bring the issue to the judge’s attention.

Gibbens said this is not the way he has handled remanded cases in the past.

“The reversal was of the trial,” he said.

The judge said the probable cause finding of Payne’s earlier preliminary hearing still stands.

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