The appeal of a convicted murderer will be heard in the Alberta Court of Appeal in Calgary this fall.
Less than a month after being sentenced to life in prison in 2011, accused murderer Brian Volker filed an appeal.
Volker, 50, was found guilty of first-degree murder in the death of his estranged wife 44-year-old Debi Volker.
She was found shot in her Delburne home on Feb. 23, 2009.
Volker was also found guilty of break and enter, one count of breaching conditions of release and three counts of failing to comply with previous court orders.
He has no chance of parole for 25 years.
In April 2011, Justice Doreen Sulyma handed down a life sentence which also included a seven-year sentence for break and enter and assault with a weapon and a seven-month sentence which will be served concurrently with the life sentence.
The appeal application was spoken to by the Alberta Court of Appeal last week and it will be heard Sept. 10.
During his four-week trial in front of a jury, Volker testified that he did not remember anything to do with the shooting death of his estranged wife.
He said on the evening of Feb. 22, 2009, he had taken five 15 mg sleeping pills which caused him to have amnesia for the next 38.5 hours, including the time in which Debi was murdered.
The estranged couple’s teenaged children, Jeremy, Jordan and Janelle testified about the night their mother was killed.
Jeremy said he physically struggled with his father moments before his mother was shot.