An attorney for death row inmate Ricky Chase has told the Mississippi Supreme Court that Chase is mentally disabled and his death penalty should be tossed out.
But, an assistant attorney general says there's no evidence to back up the claim about Chase's mental capacity.
Chase was convicted and sentenced to death in 1990 for the 1989 killing of an elderly vegetable salesman in Copiah County.
The Mississippi Supreme Court upheld Chase's sentence in 1994.
Chase has argued that a pretrial mental exam showed he was mentally incapacitated. Chase said he was examined by two doctors. But court records show one doctor did not find him mentally disabled.
In 2010, a Copiah County judge ruled against Chase in his request to throw out the death sentence.