In his oral and written arguments to the state Supreme Court on Tuesday, public defender Mark Rademacher argued that executing death row inmate Eduardo Santiago would be unconstitutionally unfair.

Rademacher is seeking to spare Santiago the death penalty in his murder case by arguing the state’s ban of capital punishment should be applied retroactively. The state outlawed capital punishment last year, but only for crimes committed after April 25, 2012. Santiago was sentenced to die in 2005 for the murder-for-hire shooting of a West Hartford man.