By Kelley Waterfall

PHILADELPHIA (CBS) — Former Attorney General, Kathleen Kane, said her nine-count perjury and obstruction conviction should be overturned due to some trial problems and overlapping charges.

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Kane has been sentenced to 10 to 23 months in jail. She remains free while she appeals the conviction.

Tuesday her lawyer filed to challenge the use of a special prosecutor to investigate the leak of grand jury material. The jury found that Kane had organized the leak to embarrass a rival.

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The defense team is calling the charges redundant and says that Kane should have been able to introduce evidence about the pornography she found in the state email accounts.

Kane is a Scranton Democrat who was charged during her first term in office.

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