By The Associcated Press
JACKSON — A federal appeals court in New Orleans will hear an appeal from Mississippi death row inmate William Wiley on Oct. 5.
The 5th U.S. Circuit Court of Appeals agreed this past week to hear oral arguments in the case3.
Wiley claims he is mentally disabled. A federal judge in Mississippi agreed with him.
The state contends it has been proven in lower courts that Wiley is not mentally disabled.
Wiley has been on death row for 28 years. His appeal is among several from death row inmates pending before the 5th Circuit.
Wiley, now 56, was sentenced to death in DeSoto County for the 1981 killing of a convenience store owner.
He was first convicted in 1982 for the killing and robbery of J.B. Turner, whose store was in the Mineral Wells community. Turner died from a shotgun blast, and his daughter was left blinded in the attack on Aug. 22, 1981.