Charles Birdshead was found guilty back in 2013 of first degree manslaughter in the shooting death of Eustacio Marrufo in the parking lot of the Dakota Rose Motel in January of that year and was sentenced to 45 years in prison.
Wednesday Birdshead's attorney appealed that conviction before the South Dakota Supreme Court.
Jamy Patterson argued that errors in the trial were profound, pervasive and prejudicial.
Patterson argued that the words "or recklessly" were improperly added to the jury instructions and that Birdshead was prevented from arguing his theory of self–defense among other things.
Assistant attorney general Craig Eichstadt countered by saying that recklessness is an appropriate state of mind for first degree manslaughter and said the court required the state to disprove the theory of self defense at trial.
The Supreme Court did not rule on the case Tuesday.