BOISE, Idaho (AP) — The U.S. Supreme Court won't consider whether a man convicted of kidnapping, torturing and murdering some members of a northern Idaho family was competent when he waived his appeal.

The high court rejected the petition from Joseph Edward Duncan III's attorneys on Monday. Now a federal judge in Idaho must hold a hearing to determine if Duncan was competent when he waived his appeal in a 2008 death penalty case.

Duncan was sentenced to die for kidnapping, torturing and murdering a 9-year-old Coeur d'Alene boy in 2005. Prosecutors said Duncan snatched Dylan Groene and his sister from their home after killing other family members. Duncan kept the children at a remote Montana campsite for weeks before killing Dylan.

Duncan has also been convicted of murdering a Beaumont, Calif., boy.