Mitchell was 14 when he committed the murder Convicted killer Luke Mitchell is to appear in court later in his latest attempt to have his conviction overturned.
Mitchell, 22, is to seek leave to appeal to the UK Supreme Court.
He has been arguing his human rights were breached because he was questioned by police without a lawyer present.
Mitchell was sentenced to life in 2005 after he was found guilty of murdering his 14-year-old girlfriend Jodi Jones in Dalkeith, Midlothian.
The Supreme Court ruled in October that the Scottish system which allowed suspects to be held and questioned for six hours without access to a lawyer breached the European Convention on Human Rights (ECHR).
In light of the Cadder ruling, 867 cases were abandoned, including 60 serious cases, nine of which were High Court cases.
Mitchell, who was ordered to serve at least 20 years for the 2003 murder, claims evidence taken from a police interview when he did not have access to a lawyer was “crucial” to the Crown case.
In April, Mitchell’s bid to challenge his conviction for murder following the human rights ruling was rejected by the Appeal Court in Edinburgh.
He now wants the Appeal Court to refer its decision to the UK Supreme Court in London.
Two weeks ago, Nat Fraser won his appeal at the Supreme Court to have his conviction quashed.
Fraser, who was jailed after the High Court in Edinburgh heard he ordered a hitman to kill his wife, Arlene, in Elgin in 1998, had exhausted all avenues of appeal in Scotland.
The Supreme Court backed his appeal under Article 6 of the European Convention on Human Rights on the ground of the Crown’s non-disclosure of evidence to the defence.
They sent the case back to the Appeal Court in Edinburgh to be quashed.
The Fraser case has led to a political storm over the role of the UK Supreme Court in Scottish criminal cases.
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