Topeka ? Convicted murderer Gary Kleypas wants the U.S. Supreme Court to block state efforts to resentence him to death until the nation’s highest court has reviewed his case.

Kleypas was convicted in 1997 of killing Pittsburg State University student Carrie Williams. Kleypas was the first person sentenced to death in the state since Kansas reinstated capital punishment in 1994.

In December, the Kansas Supreme Court upheld Kleypas’ conviction and the constitutionality of capital punishment. But it threw out his death sentence, ruling an instruction form for jurors was “seriously deficient.”

Kleypas’ attorney said Wednesday the request was filed with Justice Stephen Breyer. The court in Washington gave no indication when a ruling would be announced.

Steve Zinn, state deputy appellate defender, said Kansas law requires Kleypas to receive life imprisonment because part of the death penalty statute was struck down.

“The issue is whether he has a right to be resentenced to life imprisonment without another penalty phase trial,” Zinn said. “He shouldn’t have to undergo a new penalty phase until the U.S. Supreme Court has decided whether that statute applies.”

Zinn said he also will ask the U.S. Supreme Court to review the case on such issues as whether the trial court erred in denying Kleypas’ motion to suppress his statements.