The Supreme Court is rejecting a new appeal from a Georgia death row inmate, despite evidence that a juror in his capital case used racial slurs.

The high court had previously blocked the execution of Georgia inmate Keith Leroy Tharpe. But the justices on Monday refused to take up his case after a lower court ruled against him.

The 59-year-old Tharpe is trying to get his death sentence thrown out because of comments the juror made to defense investigators several years after Tharpe’s trial. The juror signed an affidavit, though he later testified that he voted for Tharpe’s death sentence because of the evidence against him. The juror has since died.