The Mississippi Supreme Court ruled in a 4-4 earlier this week not to allow a rehearing on previous arguments in the case of Jan Michael Brawner. Justice Ann Lamar didn't participate.
In court procedures, a tie vote usually means an earlier ruling stands. However, Brawner's lawyers argue there's precedent in Mississippi that says a tie vote in death penalty cases should favor the condemned inmate.
Brawner claims his previous appeals lawyer didn't do a good job and he wants an oral hearing on the matter.
Brawner, now 34, was convicted of the 2001 killings of his 3-year-old daughter, ex-wife and former father-in-law and mother-in-law Tate County.