Judge Thomas Wilson on Monday declined to consider a request for habeas relief for Warren Lee Hill, who's to be executed Tuesday.
Hill's lawyers have argued he is mentally disabled and therefore shouldn't be executed. Georgia law prohibits the execution of mentally disabled offenders.
Hill's lawyers asked the judge to consider new evidence in the case. They submitted statements from three doctors who originally testified in 2000 that Hill was not mentally disabled. All three doctors have since changed their opinion and now say he is mentally disabled.
The judge says the request for reconsideration is procedurally barred and that the new evidence doesn't establish a miscarriage of justice.