APNewsBreak: Late appeal before Ga. execution

By GREG BLUESTEIN | September 21, 2011 | 8:20 AM EDT

ATLANTA (AP) — Attorneys for Georgia death row inmate Troy Davis are filing a last-minute appeal to halt his execution later in the day.

Defense attorney Brian Kammer tells The Associated Press he will file the appeal in Butts County Superior Court, south of Atlanta, when it opens later Wednsday.

The appeal asks a judge to block the execution. It argues that ballistic testing that linked Davis to the shooting was flawed,

Davis is set to die at 7 p.m. EDT on Wednesday for the killing of off-duty Savannah officer Mark MacPhail, who was slain while rushing to help a homeless man being attacked.

Davis' lawyers have long argued Davis was a victim of mistaken identity. Prosecutors say they have no doubt that they charged the right person with the crime.