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Friday, January 20, 2012 - 6:00am

Man Asks To File Appeal For Brother

Updated: 2 years ago.
Nicholas Cody Tate has refused to challenge his 2005 conviction and death sentence. He’s set to be executed Jan. 31. (Photo Courtesy of Department of Corrections.)

The brother of a death row inmate convicted in the 2001 killing a woman and her 3-year-old daughter wants state and federal judges to allow him to pursue appeals on his brother's behalf.

Nicholas Cody Tate is set to be executed Jan. 31. He could delay his execution by filing a new round of appeals, which is standard in capital cases. But he refused to challenge his 2005 conviction and death sentence.

The Atlanta Journal-Constitution reported that Tate's younger brother, Dustin Wade Tate, this week filed motions in state and federal court to litigate final appeals on his brother's behalf. Dustin Tate was a co-defendant in the case and is serving a life sentence.

The state attorney general's office is asking for the filings to be dismissed.

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