Gary is scheduled to attend the hearing on Wednesday. U.S. District Court Judge Clay Land denied a request last month to pay Gary's lawyers for about 17 hours spent preparing the motion, based on tests showing DNA evidence found at one crime scene came from someone else.
Gary was convicted in 1986 in three of a series of seven killings in 1977 and 1978.
He was to be executed in December 2009 when the Georgia Supreme Court sent the case back to Muscogee Superior Court for a hearing on DNA testing.
Information from: Columbus Ledger-Enquirer, http://ledger-enquirer.com