John Demjanjuk's attorney said he plans to ask Germany's high court to block his trial on charges of being an accessory to the murder of thousands at a Nazi death camp.
Attorney Ulrich Busch told The AP Thursday he hopes to file his appeal Friday with the Federal Constitutional Court in Karlsruhe.
Busch says the 89-year-old Demjanjuk is in such poor health that a trial would be a violation of his human rights.
Demjanjuk was deported from the US in May to stand trial in Munich on charges of accessory to the murder of 27,900 people at the Sobibor death camp in Nazi-occupied Poland, where prosecutors allege he served as a guard.
The trial is scheduled to begin November 30.