The defense for Jason Schmidt, 24, said Schmidt was acting in self defense when he stabbed James Correia to death in March 2007.
Schmidt was found guilty of mitigated deliberate homicide in October and sentenced by District Judge Brad Newman earlier this month.
Hennessey's motion also notes the court refused to allow testimony from a witness who says they saw Correia brandishing a knife and stating he had a gun.
The motion also argues that Schmidt was unfairly sentenced on Feb. 15. Hennessey said Judge Newman spoke of the "young people drinking and engaging in violence at the Irish Times every weekend," during the sentencing hearing. Hennessey argues the comments show a clear bias against Schmidt.
Butte Assistant Deputy Prosecutor Samm Cox said he is confident the court's decision will stand.
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