GREENWOOD, Miss. -- The Greenwood doctor arrested in a murder for hire plot is asking a federal judge to throw out the capital murder charge against him.

Dr. Arnold Smith claims he is being held behind bars illegally on that charge.  Smith was arrested this past spring after a shootout at the office of Lee Abraham, the lawyer that represented Smith’s ex-wife during their divorce proceedings years ago. 

Police say Smith offered to pay a hit man $20-thousand to kill Abraham.  The lawyer was not hurt.  But the alleged hit man was killed.  Smith as been indicted on a capital murder charge for the death of the hit man and conspiracy to kill Abraham.  He is scheduled to stand trial this April.

A judge has not ruled on Smith’s request, but the issue has been rejected twice by state courts.