Death sentences are automatically appealed, and Battaglia's appellate attorneys fought to have his sentence commuted from death to life-without-parole. Battaglia was scheduled to be executed on March 30, 2016, but the Fifth U.S. Circuit Court of Appeals issued a stay so that the court could rule on his attorneys' claims that he was not mentally competent to be executed. The State of Texas did not challenge this stay, and his execution was postponed.[39] On August 15, 2016, Battaglia was given an execution date of December 7, 2016.