MUSKOGEE, Okla. (AP) — The former attorney for a convicted killer says he failed to provide an adequate defense and the man should receive a new trial.

Clinton Riley Potts is serving life without parole after being convicted in Muskogee County of first-degree murder in the December 2004 death of 35-year-old Gregory Leroy Clark. An autopsy found Clark was beaten to death after being shot twice in the arms.

The Muskogee Phoenix reports that former defense attorney Rex Earl Starr of Stillwell presented an affidavit to District Judge Tom Alford saying he made mistakes and a new trial should be held.

Potts' current attorneys and prosecutors will present a proposed order to Alford. Alford will then send his proposed order to the Oklahoma Court of Criminal Appeals — which will decide whether to order a new trial.