Ft. Benning soldier back in court

Coming up next week, Georgia's state Supreme Court will hear several high profile cases, including that of a Fort Benning soldier, charged with killing one of his army buddies. The court will hear the case of Alberto Martinez, charged with killing Richard Davis in 2003. He's one of two sentenced to life in prison for Davis' murder. The two soldiers were among a group from Fort Benning, enjoying a night out, after returning from a tour of duty in Iraq. Sometime during the evening, things went wrong and Davis' friends began beating him. The group moved to a wooded area where the fighting continued. And, that's where witnesses say Alberto Martinez stabbed Davis thirty-three times. Now, Martinez wants the state supreme court to consider that his court appointed lawyers failed to include psychological evidence of post traumatic stress disorder. Attorneys for the state argue that Martinez's lawyers chose to accuse someone else of the murder rather than call their own expert. Georgia law however, does not yet allow expert testimony to establish a defense of post-traumatic stress disorder.