Former attorneys of Robert Gleason, Junior continue to appeal rulings involving the execution of the inmate.
The latest filing is against the ruling of a federal judge saying these attorneys have no authority to appeal Gleason's case against his wishes.
Attorney Jon Sheldon asked the 4th U.S. Circuit Court of Appeals Monday to appoint he and other lawyers to represent Gleason. He argues the inmate was not competent when he waived his appeals.
Gleason was serving life in prison when authorities say he killed his cell mate at Wallen's Ridge State Prison in Big Stone Gap.
Gleason told authorities he would kill again if he was not given the death penalty.
Authorities say in 2010, he strangled another inmate at Red Onion State Prison, also in Wise County, Virginia.
Gleason is scheduled to be executed Wednesday.