HONOLULU (KHON2) — A court-appointed attorney is trying to overturn an Oahu man’s murder conviction for a 2016 deadly Christmas day shooting at Ala Moana Center.

During a supreme court hearing Tuesday, Aug. 17. attorney Emmanuel Guerrero argued that the state failed to prove at trial that the shooting victim Stevie Feliciano was in fact dead when Dae Han Moon was charged with murder.

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On Dec. 25, 2016 Moon got into an argument with Feliciano, and shot him in the back of the head.

Feliciano died a few days later after being taken off life support.

“Unusual circumstances did exist in this case,” said Emmanuel Guerrero. “It was unusual because Dr. Happy just went up there and, said yeah he’s alive.”

“The decedent wasn’t alive in the sense that all of us on this Zoom meeting are,” said Chad Kumagai, Deputy Prosecuting Attorney. “The decedent was being kept artificially alive so that his organs could be donated. He had been declared brain dead.”

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The state supreme court says they will take the matter under advisement. No decision was made on Aug. 17.