Prosecutors are seeking a warrant to execute an inmate convicted of murdering an elderly man more than 30 years ago. 70-year-old Edward Schad has been on death row since 1985. 

He was found guilty of murdering 74-year-old Bisbee resident Leroy Graves, whose body was found strangled near Prescott in August 1978.

Prosecutors have moved for an execution warrant, but Schad’s attorneys want the Arizona Supreme Court to deny the warrant, or at least delay its ruling.

They say Schad still has a motion for rehearing before the United States Supreme Court and that Arizona’s lethal injection procedure may not be constitutional.

The state Supreme Court is set to hear the motion January 8.