Prosecutors in the case against Jeremy Christian filed a memorandum Wednesday attempting to limit the defense’s arguments. The move comes a week before jury selection begins in the trial.
Christian is charged with allegedly killing two men, and injuring a third, on a Portland MAX train in 2017.
The court issued an order last year stating the argument of "extreme emotional disturbance" could not be used as a defense for the aggravated murder charges Christian faced.
But the charges against him were amended late last year to first-degree murder, after a change in Oregon law meant his case no longer met the standard for aggravated murder.
The prosecution's filing this week states that the court should also ban "extreme emotional disturbance" as a defense for the first-degree murder charges.
Christian's attorneys did not immediately respond to a request for comment.
Christian’s trial is scheduled to begin Jan. 28.