A Texas death row inmate is trying to convince the courts to force prosecutors to turn over knives, clothing and other evidence for DNA testing that his attorneys say could prove his innocence.

But prosecutors say the request from 49-year-old Henry Watkins Skinner is an empty tactic to delay his execution next month.

Both sides will lay out their arguments Monday before a federal magistrate judge in Amarillo. The hearing comes after the U.S. Supreme Court ruled that Skinner could ask for the untested evidence but left unresolved whether prosecutors had to surrender the items.

Skinner was convicted for the 1993 deaths of his girlfriend, Twila Busby, and her two adult sons, Elwin "Scooter" Caler and Randy Busby. They were killed on New Year's Eve at their home.