A lawyer for a Mississippi death row inmate says his client could become the first person executed in
the United States based on a tie vote of judges, if the execution occurs Tuesday as scheduled.
Jan Michael Brawner is scheduled to die by injection Tuesday at 6 p.m. for the 2001 shooting deaths of his 3-year-old daughter, his ex-wife and her parents.
The Mississippi Supreme Court voted 4-4 last week to deny a rehearing in the case.
In court procedures, a tie vote usually means an earlier ruling stands.
Brawner's lawyer, David Calder, argued Monday in a court filing that the court action was a new decision, not the upholding of a lower court ruling.
Calder also says court precedent in Mississippi
dictates that tie votes favor inmates in death penalty cases.