FILE - This undated file photo provided by the Georgia Department of Corrections shows convicted murderer Warren Lee Hill. The Georgia death row inmate who has come within hours of execution three times is once again scheduled for execution this week (AP Photo/Georgia Dept. of Corrections, File) ATLANTA -- The Supreme Court has refused to halt the execution of a Georgia man whose lawyers say he is ineligible to be executed because he is intellectually disabled.
The justices on Tuesday turned away a last-minute plea from Warren Lee Hill. He is scheduled to be executed Tuesday evening at the state prison in Jackson, Georgia.
Hill's lawyers argued he is intellectually disabled, which would protect him from being put to death under a 2002 Supreme Court decision.
They said he was unable to demonstrate his disability because of Georgia's toughest-in-the-nation standard for proving intellectual disability.
He had previously come within hours of execution on three separate occasions, but courts granted temporary reprieves each time.
Justices Stephen Breyer and Sonia Sotomayor said they would have granted Hill another reprieve.