Cincinnati (AP) -- The lawyer for a multistate killer is filing another appeal seeking to delay his tuesday execution in Ohio to allow time for a psychiatric examination.
Attorney Dennis Sipe says John Fautenberry suffers from a mental illness that would preclude his execution.
He says the filing with the 6th U.S. Circuit Court of Appeals will be completed Monday.
The Cincinnati-based appeals court refused to overturn a U.S. District Court's previous ruling on Friday.
Sipe immediately filed a motion for the district court to reconsider, and Judge James Graham in Columbus again rejected the argument on Saturday.
Fautenberry is sentenced to die by lethal injection for the Cincinnati-area murder of 46-year-old Joseph Daron Jr. of Milford in 1991.
He also confessed to killing four other people in three other states.
(Copyright 2009 by the Associated Press. All rights reserved.)
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