Death row inmate says he's too overweight to be executed

WASHINGTON (CNN) - An Ohio death row inmate who says he is too overweight to be executed took his plea to the Supreme Court on Friday.

Richard Cooey is scheduled to die by lethal injection Tuesday, and has exhausted most of his state and federal appeals. Gov. Ted Strickland earlier Friday denied the 41-year-old prisoner's clemency petition. Cooey murdered two college students in 1986.

The justices were expected to decide whether he should receive a stay of execution, and whether to address the larger constitutional claims over when a convicted person is medically unfit for capital punishment.

His lawyers have argued that the inmate– at 5-foot-7 and 267 pounds - is "morbidly obese," and has gained about 70 pounds since his incarceration at age 19.
–From Bill Mears, CNN Supreme Court Producer