The man accused of killing the Clay City Police Chief was back in court Monday morning.
Jamie Barnett is accused of shooting Chief Randy Lacy back in June.
Monday, Barnett's lawyers asked the judge to remove the death penalty as a possible sentence.
They cited Kentucky death row inmate Ralph Baze's case, now before the Supreme Court, which challenges lethal injection.
But the judge refused the motion saying it was premature.
Also, both sides said they will conduct psychiatric tests on Barnett.
That will delay his trial, which was scheduled to start in January.
Barnett has said he doesn't remember anything about the incident, because he was under the influence of drugs at the time.