An appeal is denied for the man behind bars, convicted of killing a 12-year-old boy scout from Warren.

The Ohio Supreme Court announced Thursday it will not hear the case of Danny Lee Hill, who was sentenced for taking part in the torture, rape and kidnapping of Raymond Fife back in September of 1985. 

The motion, if approved, could have granted Hill a new trial.

The U.S. Supreme Court issued an order back in January granting a motion by the Trumbull County Prosecutor and the State of Ohio that the case should be reheard. 

Hill is currently serving on death row, but at question was a ruling by the U.S. Sixth District Court of Appeals suggesting that said that he should not be executed.

The defense said the death penalty should be thrown out because Hill demonstrates several of the prerequisites to be considered mentally deficient.