Appeals court turns down plea to stop execution

Eddie Duval Powell
Eddie Duval Powell

Associated Press

MONTGOMERY, Ala. (AP) - A federal appeals court has turned down an Alabama inmate's plea to stop his scheduled execution.

The 11th U.S. Circuit Court of Appeals on Wednesday rejected the appeal of Eddie Duval Powell to stop his scheduled Thursday execution at Holman Prison in Atmore. Powell's attorneys claimed his execution should be stopped because Alabama recently changed a key drug in its execution protocol and because the state keeps its execution protocol secret.

A three-judge panel of the 11th Circuit ruled that the state's change from the drug sodium thiopental to pentobarbital was not a significant change in the execution protocol and that Powell waited too long to raise the issue.

Powell was convicted of raping, robbing and shooting to death an elderly woman at her Tuscaloosa County home 16 years ago.

Copyright 2011 The Associated Press.