Warren Lee Hill's is set to die by lethal injection at 7 p.m. Tuesday. Hill was serving a life sentence when he was convicted in the 1990 death of a fellow inmate.
His lawyers argue Hill is mentally disabled and shouldn't be executed. The state has argued the defense failed to prove beyond a reasonable doubt that Hill is mentally disabled.
Hill has a petition for a stay of execution pending before the U.S. Supreme Court. His lawyer has also asked the state Board of Pardons and Paroles to stay his execution and commute his sentence.
A state court judge on Monday declined to reconsider Hill's case.
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