- Associated Press - Thursday, June 26, 2014

TALLAHASSEE, Fla. (AP) - A death row inmate awaiting execution next month is getting a last chance to avoid lethal injection.

The Florida Supreme Court on Thursday ordered a circuit court in Polk County to hold a hearing on whether it would be unconstitutional to use a lethal injection drug on Eddie Wayne Davis.

Davis is currently scheduled to be executed on July 10 for the 1994 murder of 11-year-old Kimberly Waters. Davis was convicted of breaking into his ex-girlfriend’s home and kidnapping, raping and murdering Waters.

Davis, however, maintains that he suffers from the medical condition porphyria and that use of the first drug administered during lethal injection will cause him extreme abdominal pain, nausea and vomiting.

A divided court ruled by a 5-2 margin that the lower court must evaluate Davis’s claims.

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