- Associated Press - Wednesday, November 2, 2016

MONTGOMERY, Ala. (AP) - An appellate court has refused to stop the execution of Alabama inmate Tommy Arthur.

The 11th U.S. Circuit Court of Appeals on Wednesday denied Arthur’s request for a stay of execution. The court, in a split decision, upheld a federal judge’s decision that dismissed Arthur’s lawsuit challenging Alabama’s death penalty procedure as unconstitutional.

Arthur is scheduled to be executed by lethal injection at 6 p.m. Thursday at a state prison in south Alabama.

Arthur was convicted of killing Troy Wicker in 1982 as Wicker slept inside his Muscle Shoals residence. Investigators said Arthur was having an affair with Wicker’s wife and she paid him $10,000 to kill her husband.

Arthur had been scheduled for execution on six previous occasions, but was given court-issued reprieves.

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