Death row inmate Dale Leo Bishop asked a federal appeals court Thursday to block his upcoming execution and consider the legality of Mississippi’s method of lethal injection.
Bishop is scheduled to die Wednesday for his role in a 1998 murder.
In a 56-page motion filed with the 5th U.S. Circuit Court of Appeals in New Orleans, Bishop’s attorneys asked for a stay of his execution or an injunction against executions in Mississippi.
Bishop’s attorneys want the court to consider a lawsuit dismissed earlier this week by a federal judge in north Mississippi. The lawsuit was filed last year by Bishop and other death row inmates who claim Mississippi’s lethal injection procedure could cause pain.