She's asking for a new trial, arguing that her perjury really was not perjury after all.

"What the Grand Jury found is really not a crime," says Brian Steel, attorney for Andrea Sneiderman.

Sneiderman was convicted of perjury in 2013 after a jury determined that she lied while testifying in the 2012 trial of Hemy Neuman.

Neuman is the man who shot and killed Sneiderman's husband outside of the Dunwoody Prep Daycare center on November 18, 2010.

According to prosecutors Neuman, who was Andrea Sneiderman's boss at General Electric, was having an affair with her, leading him to shoot Rusty Sneiderman.

Neuman was found guilty, but mentally ill, and sentenced to life in prison without parole.

But during Neuman's trial Andrea Sneiderman testified that she was not having an affair and that Neuman had been stalking her.  That testimony led to her conviction a year later for perjury.

At a hearing on Tuesday, Steel asked Judge Gregory Adams for a new trial, saying that perjury requires more than just lying under oath.

"Just because a person testifies falsely under oath doesn't mean it's material," says Steel.

He argued that Sneiderman's testimony was not needed to convict Neuman.

"The motive for the killing remains undisturbed by Andrea Sneiderman's perjury conviction," Steel told the court.

But Assistant District Attorney Anna Cross says Sneiderman's testimony did matter, and even though the state showed her to be a liar, she still lied under oath.

"Just because she was effectively impeached doesn't make the false statements any less material," says Cross.

Neuman is asking for a new trial and has appealed to the state Supreme Court, claiming that his conviction was partly based on Andrea Sneiderman's perjured testimony.  Cross argued before the Georgia Supreme Court that her testimony did not matter to get a conviction.  But Tuesday she argued that her testimony was relevant.

"There's not inconsistency, there's no hypocrisy and it's not unconscionable," she argued.  "It's perfectly appropriate for the differing legal standards to support both convictions."

Sneiderman served ten months on her conviction and is asking Judge Adams for a new trial.  The judge has not yet decided the case.