By Associated Press
Montgomery AL – Alabama death row inmate Darrell Grayson lost a federal court appeal Monday that could have delayed his scheduled execution in 10 days. His execution remains set for next week.
The 11th U.S. Circuit Court of Appeals in Atlanta upheld a lower court's dismissal of a lawsuit that Grayson filed against state prison officials. His suit challenged how Alabama carries out lethal injections.
In denying Grayson's appeal, a three-judge panel of the 11th Circuit noted that he waited to challenge Alabama's execution procedures until 24 years after his conviction and four years after the state enacted lethal injection to replace the electric chair.
Siding with U.S. District Judge Keith Watkins, the appeals court said Grayson offered no justification of why he could not have brought his legal challenge earlier and said the real purpose behind his claim is to delay his execution.
The Alabama Supreme Court has scheduled Grayson for execution on Thursday, July 26 at Holman Prison in Atmore.
Grayson was convicted of capital murder and sentenced to die for killing 86-year-old Annie Laura Orr during a burglary of her Montevallo home on Dec. 24, 1980. He was 19 at the time of the slaying. A co-defendant, Victor Kennedy, was executed on Aug. 6, 1999.