The Latest: State: Inmate should be asked if he wants appeal

ATLANTA (AP) The Latest on the scheduled execution of a Georgia man who killed his ex-girlfriend in August 2001 (all times local):

12:05 p.m.

Lawyers for the state of Georgia say a death row inmate set for execution this week should be asked whether he wants an appeal filed on his behalf.

Steven Frederick Spears is set to be put to death Wednesday. He was convicted in the August 2001 slaying of his ex-girlfriend Sherri Holland at her home in Dahlonega, about 65 miles northeast of Atlanta.

A lawyer on Monday filed a ``next friend'' petition on behalf of his ex-wife, saying that Spears hasn't pursued post-conviction legal options to fight his execution because he's mentally ill. The petition asks a judge to set a hearing to consider problems during his trial and sentencing.

In a filing Tuesday, the state asked the judge to ask Spears whether he wants the petition to go forward. They also ask that an expert examine him by Wednesday ``in an abundance of caution'' since his competency has been challenged.



9:30 a.m.

The state parole board is hearing from representatives for a Georgia inmate scheduled for execution this week.

Steven Frederick Spears is to be put to death Wednesday. He was convicted in the August 2001 slaying of his ex-girlfriend Sherri Holland at her home in Dahlonega, about 65 miles northeast of Atlanta.

Lawyers and other representatives for Spears planned to ask the State Board of Pardons and Paroles to spare his life during a clemency hearing Tuesday. Enotah Judicial Circuit District Attorney Jeff Langley says he plans to argue for Spears' execution.

The hearing is closed to the public and media.

The parole board is the only authority in Georgia with power to commute a death sentence.



4:40 a.m.

The state parole board plans to hold a clemency hearing for a Georgia inmate scheduled for execution this week.

Steven Frederick Spears is to be put to death Wednesday. He was convicted in the August 2001 slaying of his ex-girlfriend Sherri Holland at her home in Dahlonega, about 65 miles northeast of Atlanta.

Lawyers and other representatives for Spears plan to ask the State Board of Pardons and Paroles to spare his life during a hearing Tuesday. Enotah Judicial Circuit District Attorney Jeff Langley says he plans to argue for Spears' execution.

The parole board is the only authority in Georgia with power to commute a death sentence.

Spears' lawyers are also asking a judge to set a hearing on alleged constitutional problems during his trial and sentencing.