Court refuses to hear Brooks appeal

By the Associated Press | November 15, 2011 | 10:30 AM EST

WASHINGTON (AP) — The Supreme Court has denied a last minute appeal from an Ohio man scheduled to be executed Tuesday morning.

The court on Tuesday denied appeals from Reginald Brooks, who is scheduled to be executed for fatally shooting his three sons while they slept.

State and U.S. courts have rejected attorneys' arguments that the 66-year-old Brooks is not mentally competent and that the government withheld relevant evidence that could have affected Brooks' case.

The appeals first went to Justice Elena Kagan and then to the rest of the court, where it was rejected without comment.