STARKE, Fla. -

The attorney for a man scheduled to die by lethal injection says he will ask the U.S. Supreme Court to review the case.

John Errol Ferguson is set for execution on Aug. 5.

Ferguson's attorney Christopher Handman wrote in an email to The Associated Press on Tuesday that his client has a "documented history of severe mental illness" and shouldn't be executed.

Ferguson was convicted of killing eight people in South Florida in two separate incidents in 1977 and 1978.

Scott announced the new execution date for the 65-year-old Ferguson on Tuesday.

Scott initially signed Ferguson's death warrant last fall, scheduling him to die Oct. 16. But appeals at the state and federal level kept the execution from moving forward.