David McGuire is to die for the rape and murder of 22-year old Joy Stewart, who was 30 weeks pregnant at the time of her death in 1989.
But his attorney’s want the stop the execution, saying the jury never heard about his violent childhood.
They claim McGuire was abused and even has brain damage from the mistreatment.
They also object to the use of a new combination of drugs being used for the first time.
With the shortage of pentobarbital, the drug commonly used for executions, the state will be the first to try the new drugs.
This week David Waisel, a professor at Harvard Medical School testified the new method carries “a substantial risk of experiencing the terror of air hunger during the first five minutes of the execution."
Waisel added "air hunger is a horrible feeling, it's the inability to get your breath."
Cleveland.com reports the state has an anesthesiologist ready to say he believes nothing like that will happen.
Ohio Governor John Kasich refused a clemency plea this week, clearing the way for the Thursday execution.