Nicholas Cody Tate is set to be executed on Jan. 31. He could delay his execution by filing a new round of appeals, which is standard in capital cases. But he has refused to challenge his 2005 conviction and death sentence.
The Atlanta Journal-Constitution reports that Tate’s younger brother, Dustin Wade Tate, this week filed motions in state and federal court to litigate final appeals on his brother’s behalf. Dustin Tate was a co-defendant in the case and is serving a life sentence.
The state attorney general’s office is asking for the filings to be dismissed.