A former Fort Carson solider convicted of first degree murder is getting a new trial. The 2004 murder conviction of Jesse Kaufman was recently overturned.

In February 2010 Kaufman will once again stand trial for first degree murder in the stabbing death of 25 year-old Jason Kettle.

In court documents Kaufman names a number of reasons for his appeal. Kaufman's defense attorneys tell 11 News the main reason for the appeal is poor jury instructions. The paper work also says there were errors in the admissions of evidence, witness testimony and in prosecutors closing arguments.

The murder charges stem from a double stabbing in may 2003. Kaufman is accused of stabbing two men, one fatally.

In Kaufman's orginial trial he claimed the stabbing was self defense. Since the first degree murder conviction was overturned, Kaufman now has to prepare for the new trial date on February 8th, 2010.

Despite the new trial, because this is a first degree murder trial, kaufman is still being held without bond on that murder charge.