Johannes Mehserle is charged with second degree murder in the shooting death of Oscar Grant on New Year's Day of 2009.
Mehserle's attorney, Michael Rains, wants the jury to either convict Mehserle on second degree murder, or acquit him altogether.
It would mean a jury would not be allowed to consider lesser charges -- for example manslaughter.
The prosecutors oppose Rains' motion.
The case was moved to Los Angeles because of high publicity here.