Thirty year old Demeatrius Montgomery was convicted of shooting and killing two Charlotte police officers. Lawyers for Montgomery are arguing for a new trial on the grounds that Montgomery was 'mentally ill and unable to assist in his trial.'
Lawyers are scheduled to make their case before the state Court of Appeals Wednesday.
Montgomery was convicted in 2010 and his appeal was filed in September of 2011, almost a year after his conviction. His appeal is 217 pages long.
Montgomery was found guilty in September of 2010 of two counts of first degree murder for the deaths of two Charlotte - Mecklenburg police officers who were responding to a domestic dispute in 2007. Montgomery had shot both officers in the head.
Currently, Montgomery is serving two consecutive life sentances without parole.
In the appeal that was submitted by his lawyers, several of the 16 reasons for the appeal deal with Montgomery's mental condition, claiming that Montgomery was legally incompetent to stand trial in 2010.
Assistant District Attorneys Glenn Cole III and Beth Greene said they believe Montgomery got a fair trial and the convictions will be upheld. They are urging the appeals court to reject the request for a new trial.
Dr Nicole Wolfe is a forensic psychiatrist, and who spent the most time with Montgomery of all the psychiatrists who saw Montgomery, says he was competent to stand trial. Three other psychiatrists claimed Montgomery had some mental illness.
Based on testimonies, the court was not convinced that Montgomery was incompetent to stand trial and stated,
" ...is not suffering from a mental illness and that he can assist in his defense, if he so chooses."
The Charlotte Observer states that there had already been one competency hearing during the August before Montgomery was convicted.
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