Rodney Berget was sentenced to death for killing corrections officer Ron Johnson during a failed escape attempt in 2011.
The ruling was overturned by the Supreme Court in 2013. Berget then requested a new sentencing hearing. That was rejected and he was re-sentenced to death.
The state Supreme Court overturned his initial death sentence because of an error by the judge in the case. But Berget was sentenced again to death last year and now argues that the lower court judge should have taken additional evidence at the second sentencing.
Two other inmates were involved in Johnson's death. Michael Nordman was sentenced to life in prison, and Eric Robert was executed in 2012.