The "too fat to kill" defense didn't work for a Florida man convicted of murdering his son-in-law in 2006. So he is appealing his conviction on the grounds that New Jersey's wiretapping law is unconstitutional.
New Jersey's Supreme Court will hear arguments in Edward Ates' case Wednesday in Trenton.
Ates, of Fort Pierce, Fla., was convicted in 2009 of fatally shooting Paul Duncsak at his home in Ramsey. He is serving life in prison.
Ates' lawyer contended that at 5-feet-8 and 285 pounds with numerous health problems, Ates wasn't physically capable of committing the crime.
A key piece of evidence was a wiretapped phone call between Ates and his sister in which he discussed getting their stories straight on the timing of his return.