Convicted killer Scott Peterson will ask for a new trial Tuesday.
Peterson was found guilty in 2004 for the murder of his wife Laci Peterson and their unborn son in Modesto.
Peterson’s attorney will argue before the State Supreme Court that his death penalty should be reversed because he did not get a fair trial.
They claim there were issues during the jury selection among other things.
Peterson, 47, is now on death row at San Quentin State Prison.