Joyce Hardin Garrard will be back in court come January.

According to ABC 33/40 – Etowah County Judge William Ogletree has set a hearing for January 10th after her attorney requested that the judge dismiss the charge accusing her of capital murder, in connection with the death of her nine year old granddaughter Savannah Hardin, in 2012.

Garrard had allegedly forced the child to run until she collapsed – approximately three hours – as punishment for lying to her about eating a candy bar. 

After collapsing, Savannah was taken to the hospital, where she died three days later; Savannah’s step-mother, Jessica Mae Hardin, is also charged with murder, for allegedly allowing the incident to take place.

Defense lawyers are claiming that the nine year old already suffered health problems, and in light of that, they say the two adults were not to blame for her death.

(ABC 33/40)