White River Junction — A Windsor Superior Court judge has denied an appeal from the defendant in a second-degree murder case who is arguing it was self-defense and wants to introduce evidence about prescription drugs the victim was on at the time of the shooting.

In an entry filed in court on Wednesday, Judge Theresa DiMauro said lawyers for defendant Kyle Bolaski didn’t make an argument that met the standards necessary to make such an appeal.

Bolaski’s lead defense attorney, Brian Marsicovetere, said in an email on Thursday that he plans to file a request for permission to appeal with the Vermont Supreme Court.

Bolaski, who is charged with shooting and killing Vincent Tamburello Jr. in 2008 on a Chester, Vt., softball field, is scheduled to go to trial in December.

Bolaski was convicted in an earlier trial, but the Vermont Supreme Court threw out that conviction in 2012.

DiMauro ruled on Aug. 8 that some information about Tamburello’s mental health could be used as defense evidence, but that the mix of prescription drugs he was on and reports of his erratic behavior were inadmissible.