The Michigan Court of Appeals will take up an appeal from former Grand Rapids Police Office Christopher Schurr.
Schurr is charged with second-degree murder in connection to the death of Patrick Lyoya in April 2022.
Schurr's lawyers argue the case should be thrown out as he acted using reasonable force.
However, prosecutors say Schurr was not justified in shooting Lyoya.
The appeal may lead to a delay in the trial.
Trial is currently scheduled for October.
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