A member of a federal appeals court panel that stopped Mississippi’s execution of Robert Simon Jr. said the action was taken to give Simon a chance to prove claims of mental incompetency.

Judge Grady Jolly of the 5th U.S. Circuit Court of Appeals in New Orleans said the three-judge panel determined that medical records and sworn affidavits of Simon’s lawyers and a sworn affidavit of a clinical neuropsychologist raised questions about whether the death row inmate suffered a neurological injury when he fell in prison in January.

Simon’s lawyers had argued to the 5th Circuit that Simon had hit his head in a fall at the prison this past January, rendering him unable to understand what was going on. The lawyers said the Mississippi courts rejected Simon’s mental disability claim without affording Simon a thorough medical review.

The state attorney general’s office contended the issue of Simon’s mental health had been exhausted in appeals rejected by both Mississippi and federal courts.

Simon was sentenced to death for the 1990 slaying of members of a Quitman County family. The execution was blocked hours before its scheduled time Tuesday.

Jolly, in a document released Wednesday, said the U.S. Supreme Court has made it clear that inmates cannot be executed unless, at the time of execution, they are aware of the crime, aware of the fact that they are about to be executed, and aware of the reason for execution.

“These medical records and affidavits, made under oath, raise substantial questions as to whether Simon had a neurological injury in January 2011 at the prison, which injury has so affected him, either temporarily or permanently, that he neither understands that he committed a crime nor that he is about to be executed,” Jolly wrote.

“Although this evidence has been presented, this panel has no basis to consider whether his claim has any merit, whether it is believable or unbelievable. Because there is no time for such a hearing before the date and time of execution, a temporary stay of his execution is necessary in order to answer these questions.”Judge: Questions exist about Simon’s mental state

JACKSON  (AP) — A member of a federal appeals court panel that stopped Mississippi’s execution of Robert Simon Jr. said the action was taken to give Simon a chance to prove claims of mental incompetency.

Judge Grady Jolly of the 5th U.S. Circuit Court of Appeals in New Orleans said the three-judge panel determined that medical records and sworn affidavits of Simon’s lawyers and a sworn affidavit of a clinical neuropsychologist raised questions about whether the death row inmate suffered a neurological injury when he fell in prison in January.

Simon’s lawyers had argued to the 5th Circuit that Simon had hit his head in a fall at the prison this past January, rendering him unable to understand what was going on. The lawyers said the Mississippi courts rejected Simon’s mental disability claim without affording Simon a thorough medical review.

The state attorney general’s office contended the issue of Simon’s mental health had been exhausted in appeals rejected by both Mississippi and federal courts.

Simon was sentenced to death for the 1990 slaying of members of a Quitman County family. The execution was blocked hours before its scheduled time Tuesday.

Jolly, in a document released Wednesday, said the U.S. Supreme Court has made it clear that inmates cannot be executed unless, at the time of execution, they are aware of the crime, aware of the fact that they are about to be executed, and aware of the reason for execution.

“These medical records and affidavits, made under oath, raise substantial questions as to whether Simon had a neurological injury in January 2011 at the prison, which injury has so affected him, either temporarily or permanently, that he neither understands that he committed a crime nor that he is about to be executed,” Jolly wrote.

“Although this evidence has been presented, this panel has no basis to consider whether his claim has any merit, whether it is believable or unbelievable. Because there is no time for such a hearing before the date and time of execution, a temporary stay of his execution is necessary in order to answer these questions.”

Simon, now 47, was convicted and sentenced to death in the 1990 slayings of Carl Parker; Parker’s wife, Bobbie Jo; and their 12-year-old son, Gregory. The killings occurred a few hours after the family had returned to their rural Quitman County home from church services.

Simon also was sentenced to life in prison for the killing of 9-year-old Charlotte Parker, daughter of the slain couple.

Corrections Commissioner Chris Epps said that in a conversation with Simon Tuesday, the inmate professed to have no memory of the crime. When told of the stay, Epps said Simon gave out a holler and laid back on his bed.

Simon and Anthony Carr, now 45, were both convicted of the killings. Carr is also on death row.

Simon, now 47, was convicted and sentenced to death in the 1990 slayings of Carl Parker; Parker’s wife, Bobbie Jo; and their 12-year-old son, Gregory. The killings occurred a few hours after the family had returned to their rural Quitman County home from church services.

Simon also was sentenced to life in prison for the killing of 9-year-old Charlotte Parker, daughter of the slain couple.

Corrections Commissioner Chris Epps said that in a conversation with Simon Tuesday, the inmate professed to have no memory of the crime. When told of the stay, Epps said Simon gave out a holler and laid back on his bed.

Simon and Anthony Carr, now 45, were both convicted of the killings. Carr is also on death row.