The U.S. Supreme Court has refused to grant Judge Hill 's last - minute stay . Hill had been scheduled to die by lethal injection Tuesday night . A federal appeals court in Atlanta halted the execution to give lawyers a month for written arguments on whether Hill should be spared under the federal ban on executions of the mentally disabled . His lawyers say he is mentally disabled and should be released . Prosecutors say his claim has n't survived judicial scrutiny .
The U.S. Supreme Court has refused to grant Judge Hill 's last - minute stay . Hill had been scheduled to die by lethal injection Tuesday night . His lawyers say he is mentally disabled and should be released . Prosecutors say his claim has n't survived judicial scrutiny .