The Comedy Central roast is at the center of the death row appeal.
The footage of Jeff Ross roasting jail inmates was used at a sentencing.
Lawyers for the prisoner say the footage shouldn't have been used.
A man facing the death penalty in Texas is arguing that a Comedy Central Roast influenced his sentencing.
The US Supreme Court is scheduled to hear the case of Gabriel Hall, a convicted murderer, in the new year.
Ed Shaar, a Navy veteran, and his wife, Linda, were stabbed to death in 2011. At the time of the crime, he was 18 years old.
According to court papers seen by Insider, Ross and his film crew were allowed to film a roast of Hall when he was at the jail.
The show was called "Jeff Ross Roasts Criminals: Live at the Jail."
According to Rolling Stone, the state subpoenaed Comedy Central for his scenes and included them in its evidence in Hall's sentencing. He was sentenced to die.
Hall's lawyers argue that the footage was unfairly obtained because they had previously barred anyone from approaching Hall without their permission.
They say that the footage was important in getting Hall's death sentence.
Hall tried to play along with a conversation where he appeared to make light of his crime, according to his lawyers.
The video shows a professional comic trying to provoke a response from an unwary subject by aggressively pushing Hall to make "outrageous" statements to which Ross offered "wild" or scandalous rejoinders."
According to their appeal, Ross told Hall to be more lighthearted and said he seemed like a "fuckin' scary dude".
The lawyers say that Ross nicknamed Hall "Slim Sushi" because of his Asian heritage.
Hall's lawyers wrote that he was a self-centered oddball because of the footage.
Hall's lawyers called Ross' statements hostile and dehumanizing, with the comedian saying it was like summer camp.
The state says that Hall signed a release form after agreeing to speak to Ross.
Hall's lawyers argued that this still violated his "no contact" order and that it was done without legal counsel.
The most shocking parts of Hall's original confession were heard by the sentencing jury, according to the state.
According to the state, Hall told police that Linda Shaar begged for mercy when he stabbed her. She was able to survive the attack.
The state's counsel said that both Linda and Ed Shaar were strangers to Hall.
Ross and Comedy Central didn't respond to Insider's request for comment.
Ross told O'Brien that he wanted to put a human face on the inmates in America through the project.
Statistics about mass incarceration in the US and his belief in second chances were included in the finished show.
Most of the people in jail are going to be released someday. You have to give them hope and make them laugh. The criminals are treated like dust.
Business Insider has an article on it.