The state Supreme Court has granted the appeal of a convicted murderer who was denied the right to testify after the evidentiary phase of his trial had closed.

The Supreme Court has been asked to rule on whether it was unconstitutional for the trial court to deny the man the opportunity after he had previously waived his right to testify. The justices could rule on whether the Superior Court appropriately adopted a test employed by the 1st U.S. Circuit Court of Appeals before affirming the convicted murderer’s judgment of sentence.