ATMORE, Ala. (AP) — The 11th U.S. Circuit Court of Appeals has denied a stay of execution for an Alabama inmate who was convicted of killing a convenience store clerk in 1994.
The court issued the decision Wednesday, saying Ronald Bert Smith, Jr. waited too long to file a challenge to Alabama's lethal injection procedure.
The 45-old inmate is scheduled to receive a lethal injection at 6 p.m. Thursday.
Smith was convicted in the 1994 slaying of Huntsville convenience store clerk Casey Wilson. Lawyers for the state said Smith pistol-whipped Wilson when he wouldn't open the cash register and then shot him through the head.
A jury recommended life imprisonment by a 7-5 vote, but a judge sentenced Smith to death.
Attorneys for Smith have asked the U.S. Supreme Court to halt the execution to review the judge's override of the sentencing recommendation.