Huguely's attorneys argued that the judge's instructions to the jury were inadequate.
In February 2012, Huguely was sentenced to 23 years in prison after he was convicted of second-degree murder and grand larceny. But his attorneys believe he would have been convicted of the lesser charge of manslaughter if the judge's instructions had been different.
Inadequate Definition of 'Malice'
In their appeal, Huguely's attorneys argued that the judge's instruction regarding the meaning of "malice" were inadequate. With the proper instruction, they argued, the jury would have not convicted Huguely of second-degree murder.
"Mr. Huguely requested an additional sentence in the jury instruction clarifying that malice requires 'a wicked or corrupt motive' or an 'evil mind,'" Huguely's attorneys wrote. "The circuit court rejected that request even though this Court and the Virginia Supreme Court have repeatedly included this language in the definition of malice."
Other Errors Argued
They also pointed out that during deliberations when jurors asked for a clarification of the definition of malice, it proved that judge's instructions were not sufficient enough to define the term legally.
The attorneys also argued other "constitutional and procedural errors" in their 56-page appeal.
Both Huguely and Love played lacrosse for the university and had a stormy relationship. They were broken up on May 3, 2010, when Huguely kicked a hole in Love's apartment door and an argument ensued. She was later found face down on a bloody pillow in her bed.
Photo: Family Photo