Attorneys for a man being held on death row in Terre Haute want a judge to halt his execution and say their client can't legally be put to death because he's intellectually disabled.
Alfred Bourgeois' lawyers argue in court papers Thursday that a jury was unaware of Bourgeois' disability and a court never reviewed the evidence.
The Supreme Court ruled in 2002 that executing people with intellectual disabilities is unconstitutional because it is cruel and unusual punishment.
Prosecutors say Bourgeois, of Louisiana, tortured, sexually molested, and then beat his 2½-year-old daughter to death.
Attorney General William Barr resumed the death penalty last month and scheduled executions for the first time since 2003.
READ MORE: U.S. Government Will Resume Executions Of Terre Haute Death Row Inmates
Bourgeois is scheduled to be executed Jan. 13 at Terre Haute’s federal penitentiary.