PORTLAND, Ore. (KOIN) – The attorney for convicted killer Gary Haugen argues in federal court documents that his client cannot be put to death because the state has failed to meet its obligations when it comes to obtaining a death warrant.

Late last month, attorney Jeffery E. Ellis filed a “petition for writ of probation” in U.S. District Court. The petition specifically seeks to prevent the state from seeking his execution.

In 2007, a jury convicted Haugen of aggravated murder and sentenced him to death. The Oregon Supreme Court upheld the conviction and sentence.

An execution date was set for Dec. 6, 2011, but Haugen was not executed at the time.

In Nov. 2011, then Gov. John Kitzhaber issued a reprieve that said that for as long as he was in office, Haugen could not be executed.

Between the date of the executive reprieve and the scheduled execution date, the Marion County Prosecutor did not seek and the Marion County Circuit Court did not issue an order staying Mr. Haugen’s execution,” according to the court documents.

Haugen sent a letter to then-Gov. Kitzhaber rejecting the reprieve and indicating he wanted the execution conviction to be fulfilled.

Eventually he petitioned the U.S. Supreme Court to review his case, but his petition was denied.

When Kitzhaber resigned the state did not seek a new execution date, according to the court documents.

“The Marion County Prosecutor has not sought either stay or a new execution warrant since the expiration of the December 6, 2011 warrant,” records show.

In July 2015, Haugen filed a similar motion to prevent the state from seeking a new death warrant. The motion was held before Marion County Judge Vance Day, and the motion was denied.

“In this case, Haugen seeks to proceed …because it is plain that the State failed to comply with the mandatory directive …to issue a new death warrant after Haugen was not executed on December 6, 2011,” according to the court documents. “…The State of Oregon forfeited its legal ability to seek a new execution warrant.”

Criminal defense attorney Kevin Sali, who is not associated with the case, said it is likely the Marion County District Attorney’s Office will file a response. He added it appears Haugen may have exhausted all of his options for appeals in state court. Since the U.S. Supreme Court has not heard his case, Haugen must now petition before a federal judge, according to Sali.

The Marion County District Attorney, Walt Beglau declined to comment on Monday.KOIN 6 News anchor Dan Tilkin contributed to this report