INDIANAPLOIS, Ind. (WOWO) — Attorneys for death row inmate Roy Lee Ward and the Indiana Attorney General’s Office are in a legal battle over Ward’s October 10 execution date.

Ward’s defense team is challenging the date, presenting new evidence related to the state’s lethal injection process.

The state, however, argues that Ward has no valid legal grounds for a delay.

The case is now before the Indiana Supreme Court, which will ultimately decide whether the execution will proceed as scheduled or be postponed for further litigation.