Drive-by shooting defendant Nicholas Moore is taking another shot at asking a Superior Court judge to dismiss his case. 

Moore's defense attorneys argued before Judge Vernon Perez Wednesday morning. 

Attorney Mike Phillips contends Moore's constitutional rights were violated, adding a fourth trial "can't go forward."

Attorney David Lujan contends the court had discharged the jury without informing the defendant during a previous jury selection for the case. 

Prosecutor Sean Brown argued defense asked for the jury to be released, adding they are delaying trial to benefit Moore. 

Judge Perez is expected to issue a decision ahead of parties returning to court on September 12.

As KUAM reported, the court granted a defense motion to declare a mistrial in April after arguing Moore’s sixth amendment rights to have a speedy and public trial were violated.

Moore stands accused in an october 2020 shooting that sent one man to the hospital.

He still faces separate charges in connection to the death of Michael Castro, suspected to have occurred two weeks after the shooting.