WICHITA, Kan. (AP) — The man convicted of killing abortion provider George Tiller may have more leeway at his resentencing in Kansas to argue before a new jury that he was acting in defense of others.

Scott Roeder’s life sentence with no chance of parole for 50 years was among many vacated after the U.S. Supreme Court ruled in 2013 that juries, not judges, must decide whether aggravating circumstances existed to warrant increasing the punishment.

Sedgwick County Judge Warren Wilbert said Wednesday consideration of mitigating factors for lesser sentences could allow such evidence.

Wilbert also said Tiller did not live to see another day, prompting an outburst from Roeder.

Roeder was convicted of first-degree murder in the May 2009 death of Tiller.

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WICHITA, Kan. (AP) — The man convicted of killing abortion provider George Tiller is in a Kansas court for arguments over resentencing issues.

Scott Roeder’s life sentence with no chance of parole for 50 years was among many vacated after the U.S. Supreme Court ruled in 2013 that juries, not judges, must decide whether aggravating circumstances existed to warrant increasing the punishment above mandatory minimum sentences.

Wednesday’s hearing is expected to take up a number of routine issues, such as jury questionnaires, aggravating factors and other motions.

Roeder was convicted of first-degree murder in the death of Tiller, who was shot in a church on May 31, 2009. He testified he shot Tiller because other attempts to stop him from performing abortions had failed. Roeder also was convicted of two counts of aggravated assault.