The Maine Attorney General's Office in March issued a subpoena for Sharon Carrillo's school records to Maplebrook School in Amenia, New York, a school for youngsters and young adults with learning challenges.
The private school's chief executive officers, who initially declined to provide the records that include a psychological exam, handed them over after receiving the subpoena commanding her to turn them over or appear in Waldo County court on April 6.
Carrillo's defense team, however, is claiming that the state didn't file the subpoena paperwork correctly, or even in the right state, for the protected, private records, and thus duped the school official into turning them over.
They are asking for the prosecution to be dismissed.
Sharon and Julio Carrillo are charged with depraved indifference murder in the beating death of her 10-year-old daughter, Marissa Kennedy.
The Maine Supreme Court will hear the case at the capitol judicial center in Augusta on June 12.