Attorneys are asking the U.S. Supreme Court to block Wednesday's execution of a Virginia man who strangled two inmates and vowed to keep killing unless given the death penalty.
A panel of the 4th U.S. Circuit Court of Appeals refused to intervene on Tuesday. Attorneys followed by asking the nation's top court to appoint them to 42-year-old Robert Gleason's case so they can order a mental health evaluation.
The attorneys argue Gleason wasn't competent to waive his appeals.
Gleason is set to die by electrocution at 9 p.m. Wednesday at Greensville Correctional Center in Jarratt.
Gleason was serving life in prison when he killed his cellmate in 2009. After threatening to kill again, he strangled another inmate in 2010 as he awaited sentencing.
8:14 a.m. Tuesday: Former attorneys for a condemned Virginia inmate are appealing a federal judge's ruling that they have no authority to appeal his case against his wishes.
Attorney Jon Sheldon asked the 4th U.S. Circuit Court of Appeals on Monday to appoint him and other lawyers to represent 42-year-old Robert Gleason Jr. Sheldon argues that Gleason was not competent to waive his appeals.
Gleason is scheduled to be executed on Wednesday.
U.S. District Judge Glen Conrad rejected that argument last week, ruling that two other competency evaluations showed Gleason was capable of making decisions in his case.
Gleason was serving life in prison for a 2008 murder in Amherst when he killed his cellmate in 2009. He vowed to keep killing unless given the death penalty, then in 2010 he strangled another inmate as he awaited sentencing.
On Friday, Governor McDonnell said he has reviewed the case and will not stop the execution.