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Wednesday, the Mississippi Supreme Court denied his request for testing.
His life - allegedly with a history of head injuries and drug use - is in Barbour's hands, said his attorney, Glenn S. Swartzfager, director of the Office of Capital Post Conviction Counsel.
"No court has ever allowed a mental health expert to test Joseph for brain damage," Swartzfager said Thursday. "The Mississippi Supreme Court denied this request even though we were not asking for funds to pay for the expert psychologist.
"The state of Mississippi should not execute a prisoner without determining if he has any physical or psychological condition which would call for mercy, especially when it comes at no monetary cost to the courts."
Burns, now 42, was convicted in 1996 of the stabbing death of Tupelo motel manager Floyd Melvin McBride two years earlier.
The death penalty was an option for the jury because McBride's murder was committed during a robbery, thus making it capital murder.
Earlier this month, the Mississippi Supreme Court set his execution for July 21.
Burns' request sought an evaluation "for purposes of filing a meaningful clemency petition with the governor, as well as additional legal proceedings should they be warranted."
In Wednesday's order denying a mental evaluation, Justice Michael K. Randolph wrote for the court that Burns' clemency issues should be taken up with the Office of Governor.
He also said Burns had failed to prove his constitutional rights to be violated without the evaluation.
However, two justices - James Graves and Jim Kitchens - objected to the ruling and said they would grant Burns access to a psychologist because such an expert cannot examine death row inmates without permission.
They also said granting access to Burns would not infringe upon the executive branch's power to grant or deny a pardon or clemency.
The U.S. Supreme Court declined to consider earlier appeals by Burns' attorneys.
Contact Patsy R. Brumfield at (662) 678-1596 or patsy.brumfield@djournal.com.
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