The Trumbull County prosecutor wants the U.S. Supreme Court to weigh in on the Danny Lee Hill case.
Hill was originally sentenced to death for murdering 12-year-old Raymond Fife in 1985 in Warren. Hill was 18 at the time.
Earlier this year, a federal appeals court ruled Hill is intellectually disabled and should not be eligible for the death penalty.
Hill has been appealing his death sentence for over two decades.
In a letter sent this week, Prosecutor Dennis Watkins asked the Ohio Attorney General to appeal the case to the U.S. Supreme Court.
If the supreme court doesn’t take the case, Hill will be re-sentenced to life in prison.