The Florida Supreme Court is rejecting an appeal from a death row inmate who contends drugs used in an execution could cause him pain.
Eddie Wayne Davis is scheduled to die Thursday by lethal injection 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.
The court last month ordered a circuit court to hold a hearing on whether it would be unconstitutional to use midazolam hydrochloride on Davis.
Davis maintains he suffers from the medical condition porphyria and that use of the first drug administered would cause him extreme abdominal pain, nausea and vomiting.
But a medical expert testified at the hearing that it was "highly unlikely" those symptoms would occur before the execution is finished.