A former Marine from Pennsylvania, convicted of murder, is once again trying to get a new trial or have his sentenced modified.

John Knospler Junior has filed a motion of post-conviction, in a case where he was convicted by a jury of second degree murder in the October 2013 death of James Baldwin.

In his motion, Knospler claims during the trial his 6th (ineffective assistance from legal counsel) and 14th Amendments (right of due process) were violated.

He argues that his own state of mind, beliefs and actions just before he shot Baldwin, should have been presented at trial and taken into consideration by the jury.

Natrona County prosecutors counter-argue that Knospler did not testify in his own defense at the trial, and since there is nothing in the court record about his claims, they can't be used in his motion of post-conviction.

In their response to the motion, prosecutors add that Knospler must allege specific facts which show his constitutional rights were violated and supply sufficient affidavits, records or other evidence supporting the allegations, and he has failed to do so.

Prosecutors have filed a motion of summary judgement in response to Knospler's motion, and a Natrona County District Judge will make a ruling on a later date.

Knospler's original appeal was defeated by the Wyoming Supreme Court in January 2016.

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