The Michigan Court of Appeals will hear the case of the former Grand Rapids police officer who shot Patrick Lyoya in 2022.
Oral arguments are scheduled for September 6.
Attorneys for former officer Christopher Schurr argue he acted in self-defense and Michigan common law gives officers the right to use deadly force against a fleeing felon.
Prosecutors argue the shooting was not justified and say reasonable force should have been used.
It is not clear when the appeals court would issue a decision.
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