The Kansas Supreme Court is expected to hear arguments this month in the appeal from the convicted killer of a Kansas abortion provider.
The hearing in the first-degree murder case against Scott Roeder is scheduled for Jan. 29. The court has set aside 30 minutes for it.
The abortion opponent is serving a life sentence for shooting Dr. George Tiller in May 2009 as the doctor served as an usher at his Wichita church. Tiller was among a few U.S. physicians known to perform abortions in the last weeks of pregnancy.
The defense has argued the judge was wrong when he failed to instruct jurors that they could consider the lesser offense of voluntary manslaughter.
Roeder was also convicted of two counts of aggravated assault for threatening two ushers.