RICHMOND, Va. (AP) — A West Virginia doctor convicted of conspiracy and obstruction is getting a new trial.

The 4th U.S. Circuit Court of Appeals says a judge should have postponed Josephine Adams’ trial so she could call her husband to testify in her defense. Adams was accused of obstructing an investigation into health care fraud by her husband, osteopath Barton Adams of Parkersburg.

Barton Adams had been deemed mentally incompetent to assist in his own defense. The judge in Josephine Adams’ case relied on a five-month-old mental health report in determining that Barton Adams was incompetent to testify for his wife. The appeals court said last week that the judge should have postponed the trial and asked for an updated status.

Barton Adams later pleaded guilty and was given a 50-month sentence.

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