A federal appeals court that had blocked the scheduled February execution of a Georgia man whose lawyers say is mentally disabled has lifted its stay, clearing the way for a new execution date.

A three-judge panel of the 11th US circuit court of appeals said in an opinion published Monday that inmate Warren Lee Hill cannot submit his case to a federal court for reconsideration for procedural reasons, including the fact that his claim of mental disability was presented in an earlier petition and can’t be presented again.

In the 2-1 ruling, the circuit judges also said Hill’s claim only challenges his eligibility for the death sentence, not his underlying guilt, making him ineligible for reconsideration.

Hill was sentenced to die for the 1990 beating death of fellow inmate Joseph Handspike. Hill bludgeoned Handspike with a nail-studded board while his victim slept, authorities said. At the time, Hill was already serving a life sentence for the 1986 death of his girlfriend, Myra Wright, who was shot 11 times.

Brian Kammer, a lawyer for Hill, said he is pondering his next move following Monday’s opinion.

“We are deeply disappointed,” Kammer said of the decision, adding it would bar consideration of what he called compelling new evidence in Hill’s case.

“The new evidence shows that every mental health expert ever to examine him finds that Mr Hill has mental retardation and he is thus ineligible for execution” under the US constitution, Kammer said in a statement.

The Georgia attorney general’s office declined comment on the development.

The 11th circuit decision means a new execution date could be set at any time. But the state’s supply of execution drug pentobarbital expired last month, and the drug has become increasingly difficult to obtain since its manufacturer has barred its use for executions.

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