Gulbertson's attorney argued prosecutors did not show enough evidence of domestic abuse by Gulbertson.
An Albert Lea man convicted of killing his ex-girlfriend with a hammer wants his first-degree murder conviction thrown out.
The attorney for Chad Gulbertson asked a judge Wednesday to vacate the conviction.
Gulbertson was sentenced to life in prison in April 2010, after a jury found him guilty of first-degree murder while committing domestic abuse of ex-girlfriend Jody Lee Morrow. He was also found guilty of second-degree murder.
Morrow was found dead in her home in 2009. She suffered at least 18 blows to the head and three stab wounds to the neck.
Gulbertson's attorney argued prosecutors did not show enough evidence of domestic abuse by Gulbertson. But the state countered there were enough examples.
The Albert Lea Tribune (http://bit.ly/10y24wF) reports the judge has 90 days to issue a ruling.