Georgia’s highest court on Wednesday declined to hear an appeal filed for a man on death row claiming that his execution would be unconstitutional because he has cognitive impairments that cause him to function like a young child.

A judge has temporarily delayed the execution of a Georgia man who was scheduled to die Tuesday for killing an 8-year-old girl 46 years ago.

Lawyers for a Georgia man scheduled to be put to death next week for killing an 8-year-old girl 46 years ago are trying to delay the execution.