The Indiana Supreme Court unanimously rejected on Thursday, October 22, death row inmate Jeffrey Weisheit's request to postpone his execution so experts could carry out brain scans, according to Indiana Public Media and the Indiana Capital Chronicle.

Source: Indiana Public Media (IPM)

"If the board or the governor finds the medical evidence relevant, the executive branch maintains its own authority to transport him without a court order," the justices wrote, in the order reported by both outlets.

Source: Indiana Capital Chronicle

Weisheit's attorneys had asked to move the execution to November 19 and postpone clemency proceedings so experts could assess brain injuries they contend affected his behaviour before the 2010 killings of two children, aged 8 and 5, in a fire at his home near Evansville while their mother, his girlfriend, worked an overnight shift. Weisheit was sentenced to death in 2013. His execution is scheduled before sunrise on November 5 at Indiana State Prison in Michigan City.

Clemency decision still pending

No clemency decision had been announced on Thursday, and Parole Board members said one was not expected before Friday at the earliest. Governor Mike Braun will make the final decision after receiving a nonbinding recommendation from the Indiana Parole Board, which heard testimony on October 16 and 19.

The court said Weisheit cited no authority allowing it to control clemency proceedings. It also noted that his attorneys had identified two other possible grounds for a stay — a challenge to Indiana's execution method and a request to reopen post-conviction proceedings — but neither had been filed as of Thursday's order.

Weisheit's legal team has separately been pressing the governor to pause executions in Indiana. Read the earlier report on the reprieve request