The attorney for James Louis Holland said Tuesday the confessed murderer's willingness to accept his death sentence fluctuates on the basis of such seemingly trivial things as smoking privileges.

"If you take that (moking rights) away from him, then he feels like you might as well take his life away," said Elliot Levine, attorney for Holland.Levine told the Utah Supreme Court that Holland doesn't really want to die, but rather that he prefers death to life in the system.

Holland pleaded guilty to first-degree murder in the 1986 slaying of a Florida man.

The justices took the case under advisement and will rule later.