Dr. Conrad Murray is already serving a four-year jail sentence. His attorney J. Michael Flanagan is asking that he be released on his own recognizance or on bail with electronic monitoring.
Flanagan says Murray is not a danger to society and wants to help support his seven children. He also suggested the sentence and Murray's mode of confinement is extremely severe for a man with no prior criminal record.
Jackson died in June 2009 of an overdose of the powerful anesthetic propofol, which Murray administered.
Murray's appeal has not yet been filed, but the motion offered a preview of some issues that will be raised, including the claim that judge in the case should have allowed testimony about Jackson's financial condition.
Flanagan said leaving that information out "seriously compromised the defendant's ability to demonstrate the desperate situation which was guiding the decisions and choices of both Mr. Jackson and Dr. Murray."
Under sentencing guidelines, Murray is expected to serve no more than half of his sentence. The attorney said if he served his complete sentence he would not receive the benefits of a favorable appeal decision if his case was overturned.
A hearing for the motion was set for Feb. 24.