MONTGOMERY, Ala. (AP) — A federal appeals court has declined to stop an upcoming execution in Alabama.
The 11th U.S. Circuit Court of Appeals on Tuesday denied an emergency stay sought by inmate Christopher Eugene Brooks.
Brooks is scheduled to be put to death Thursday for the 1992 rape and murder of Jo Deann Campbell.
An attorney for Brooks had asked the court to stay the execution until a federal judge reviews the state's new lethal injection drug combination in an April hearing.
The 11th Circuit ruled that Brooks waited too long to join the lawsuit filed by other inmates challenging the state's execution method.
The execution will be the state's first in more than two years.
Assistant Federal Defender John Palombi says he will ask the U.S. Supreme Court to halt the execution.