Brannan’s attorneys had hoped his sentence would be found unconstitutional.
His defense attorneys claim Brannan, who served in Vietnam in the early 1970s, was suffering from post-traumatic stress and bipolar disorder at the time of the shooting and was off his medication.
In a petition filed Monday with Butts County Superior Court, Brannan’s attorneys requested Brannan’s life be spared because “executing American combat veterans whose service-related mental impairments played a role in subsequent violent conduct violates the Eighth and Fourteenth Amendments to the United States Constitution and analogous provisions of the Georgia Constitution.”
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Brannan is scheduled to die of lethal injection at 7 p.m. ET Tuesday at the Georgia Diagnostic and Classification Prison in Jackson.
CNN’s John Murgatroyd contributed to this report.
