ANNAPOLIS, Md. (AP) — Attorneys for a man on Maryland’s death row will argue before an appeals court that his sentence is illegal because the state no longer has a death penalty.

The Daily Times of Salisbury reports that lawyers for Jody Lee Miles, who has been on death row since 1998, will argue before the Court of Special Appeals on Monday that the state lacks the authority to execute Miles and will ask for a new sentence that includes the possibility of parole.

Gov. Martin O’Malley signed a bill repealing the death penalty in 2013. O’Malley has not commuted the sentences of the four men who remain on death row, but in recent weeks has reached out to family members of their victims to discuss the possibility.

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