The U.S. Court of Appeals for the Armed Forces _ the military’s highest appeals court _ has set oral arguments for April 23 in the case of 1st Lt. Michael Behenna, who was convicted in 2009 of unpremeditated murder in a combat zone.
The arguments will be held at the court’s headquarters in Washington, DC.
Behenna, an Edmond native now serving a 15-year sentence at Fort Leavenworth, Kansas, was convicted of killing an Iraqi man that Behenna suspected of terrorism. Behenna was questioning the man when he shot him and claimed self-defense at his trial.
The court has agreed to consider whether prosecutors in the 2009 court-martial withheld evidence that might have helped Behenna’s case and whether the judge gave erroneous instructions to the jury on Behenna’s claim of self-defense.