May 13, 2014 11:02 AM by David Randall
HUNTSVILLE, Texas (AP) - A federal appeals court has rejected a Texas death row inmate's appeal that his execution could result in a bungled lethal injection similar to one two weeks ago in Oklahoma.
The 5th U.S. Circuit Court of Appeals said late Monday that speculation about Texas' use of a lethal drug from a secret provider is not enough to prove Robert James Campbell's claim that the punishment could cause unconstitutional pain and suffering.
Oklahoma authorities say a broken vein caused the failure of Clayton Lockett's execution.
Campbell's execution is scheduled for Tuesday evening. His attorney says she's taking the matter to the U.S. Supreme Court.
Another appeal contending Campbell is mentally impaired and ineligible for execution remains before the 5th Circuit. Attorneys have a petition about the issue before the Supreme Court.