The arguments will be heard Sept. 1 before a judge in the 6th District Court of Appeals in Santa Clara.
McClish is represented by Oakland attorney Mark Greenberg, who contends in a court brief that certain evidence ruled inadmissible by Santa Cruz County Judge Robert Atack would have cast doubt on the charges against McClish.
Greenberg also says in the briefing that testimony from some witnesses who testified about McClish’s previous relationships was inappropriately admitted.
McClish, who was sentenced to 18 years to life in prison for the conviction, has professed innocence in that incident, as well as in the 2006 double homicide of Joanna “Asha” Veil and her unborn child, of which he is accused.
McClish is imprisoned at Salinas Valley State Prison in Soledad.
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