[Updated at 4:08 p.m. ET] It looks like all of the appropriate briefs have been filed for the Supreme Court to consider John Ferguson's case, CNN Supreme Court Producer Bill Mears reports.
The decision should come in the next few hours.
[Updated at 1:25 p.m. ET] Laurel Bellows, the president of the American Bar Association, who rarely comments on upcoming executions said she was "alarmed" by the John Ferguson case.
Ferguson, scheduled to die tonight in Florida, has been diagnosed as a schizophrenic.
Here's Bellows' full statement:
"The American Bar Association is alarmed that Florida is poised to execute John Ferguson, a man diagnosed as severely mentally ill for more than 40 years, before the constitutionality of his execution is fully evaluated. Although a district court evidentiary hearing regarding Ferguson's competency is scheduled for Friday, that could be too late: His execution could occur as soon as today.
A federal trial judge had stayed Ferguson?s execution and ordered the hearing to afford 'full, reflective consideration' of Ferguson?s constitutional claims; however, that stay has now been lifted by the court of appeals. In the interest of justice, it is imperative that Ferguson?s execution be again stayed until there is an opportunity for the federal courts to fully review his insanity claims on the merits and thus ensure that his execution will be constitutional. To do otherwise would be to risk a terrible miscarriage of justice ? one that can never be undone."
[Posted at 10:00 a.m. ET] The attorney for a Florida man convicted of killing eight people asked the U.S. Supreme Court Tuesday for an emergency stay of execution, he told CNN.
John Ferguson, a diagnosed schizophrenic, is on death row for the murders in Hialeah and Carol City, Florida, in the late 1970s.
He was scheduled to be executed Tuesday at 6 p.m. ET at the Florida State Prison.
The Supreme Court "has said it?s a ?miserable spectacle? to execute the insane," Chris Handman, the Washington D.C.-based attorney for Ferguson, told CNN. ?We think the court should intervene to stop that execution from going forward today."
Read the petition (PDF)
Handman said a court found that Ferguson was mentally ill and had delusions which caused him to think he is the "Prince of God." A stay had been granted by a federal district court because of concerns about his mental capacities but that ruling was reversed by an appeals court.
"We think there are substantial constitutional questions here that will merit the Supreme Court of the United States to honor the stay of execution," Handman said. "We hope to hear from the Supreme Court in the next few hours."
In the meantime, officials at the prison in Starke, Florida, will go ahead with preparations for the execution, including fixing Ferguson's last meal, Misty Cash with the Florida Department of Corrections told CNN.
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