Death row inmate Joseph Daniel Burns has a federal appeal pending so the state's request for the setting of an execution date is premature, according documents filed with the Mississippi Supreme Court.
Attorney General Jim Hood has asked Mississippi court to set execution dates for Burns and two other inmates.
In Burns' case, Hood's office said attorneys for the inmate missed a deadline for filing a petition asking the U.S. Supreme Court to review his case.
However, the Mississippi Office of Capital Post-Conviction Counsel said, in documents filed this week with the Mississippi court, that Burns' attorneys have asked the U.S. Supreme Court to overlook the late filing and hear Burns' appeal.
U.S. Supreme Court records show the state has until May 20 to response to Burns' motion.