ATLANTA (AP/WAOK) – A lawyer for a Georgia death row inmate set for execution has asked the Georgia Supreme Court to stay his execution.

Warren Lee Hill’s is set to die by lethal injection at 7 p.m. this evening. Hill was serving a life sentence when he was convicted in the 1990 death of a fellow inmate.

His lawyers argue Hill is mentally disabled and shouldn’t be executed. The state has argued the defense failed to prove beyond a reasonable doubt that Hill is mentally disabled.

Hill has a petition for a stay of execution pending before the U.S. Supreme Court. His lawyer has also asked the state Board of Pardons and Paroles to stay his execution and commute his sentence.

A state court judge on Monday declined to reconsider Hill’s case.