The Mississippi Supreme Court is looking at the constitutionality of a 1994 state law that allows it to find "harmless" errors committed by juries in death penalty cases.
Roger Lee Gillett is challenging the law in a post-conviction petition that seeks to overturn his death sentence or to get him a new trial.
The Supreme Court has scheduled oral arguments for Nov. 13 in Jackson.
Gillett was convicted in 2007 in Forrest County on two counts of capital murder for his role in the deaths of a Hattiesburg couple and the transporting of their bodies to Kansas in a freezer.
While in custody in Kansas, he attempted to escape. That crime was one of the aggravating factors that prosecutors presented jurors to support the death penalty.