In November, a panel of the Richmond-based appeals court rejected Gray’s appeal in a 2-1 decision, and on Jan. 19, a Richmond Circuit Court judge set the March 16 execution date.

Gray’s lawyers filed a motion for a stay of execution with the appeals court, arguing that Gray has until March 21 to ask the Supreme Court to take his case and that the circuit court judge was “precipitous” in setting an execution date.

His motion notes that in order to win a stay, Gray must show there is a reasonable probability that four justices will agree to take the case and that there is a significant possibility the high court will reverse the 4th Circuit’s ruling rejecting his appeal.

“As an initial matter, it cannot be disputed that, if Gray is put to death before filing and disposition of his petition ... in the Supreme Court of the United States, there is irreparable harm to Gray,” his lawyers wrote to the appeals court.

The Attorney General’s Office argued there is no reasonable probability the high court will agree to hear the case “and no significant possibility that this court’s judgment will be reversed.”