An appeal for William Morva was made to the Virginia Supreme Court Thursday.
Morva's attorney claimed that the trial judge was wrong in refusing the testimony of an expert witness on the subject of Morva's threat level if he was sent to prison, reported the Associated Press.
Morva is on death row for killing a Montgomery Regional Hospital guard and a deupty sheriff in August 2006; the latter was shot on the Huckleberry trail.