DENVER (CBS4) – A man charged with killing his wife while high on marijuana candy will be in court Thursday afternoon for a motions hearing.

Richard Kirk shot and killed his wife in April 2014 while she was on the phone with a 911 dispatcher. A search warrant revealed that Kirk had eaten marijuana-infused candy before the attack.

In March, Kirk pled not guilty to killing his wife and it is possible for him to claim a marijuana related defense.

It is expected that the defense team will argue for marijuana-related evidence to be kept out of the trial in the motions hearing.