JACKSON — The state wants a federal appeals court to block a judge's order that William Wiley execution's for a 1981 murder be set aside because of a mental disability.
The 5th U.S. Circuit Court of Appeals hasn't set a briefing schedule.
U.S. District Judge Allen Pepper Jr. last month said he'd vacate Wiley's death sentence if the state didn't within 60 days.
Wiley was first convicted in 1982 for the killing and robbery of J.B. Turner, whose store was in the Mineral Wells community. Turner's daughter also was left blinded in the 1981 attack.
Pepper said tests showed Wiley was mentally disabled. Attorney General Jim Hood has said Mississippi courts have found Wiley mentally competent to be executed.
The Associated Press