Ronald Phillips is set to die November 14th for the rape and murder of his girlfriend’s three year old daughter.
But Phillips may get a stay due to his lawsuit over the use of two new drugs to carry out his sentence.
Pentobarbital has been used in executions for years but the company making the drug is now refusing to sell it to prisons.
In Ohio where Phillips is scheduled for execution prison officials want to use an untested pair of drugs, the sedative midazolam and the painkiller hydromorphone.
The Christian Science Monitor reports Texas has done something similar using compounding pharmacies to mix drugs that accomplish the same goal.
Ohio would like to do the same but the state is struggling to find a supplier.
Phillips attorneys want the execution stopped because the drug combination is untested.
If that suit isn’t successful the convicted child killer would be the first put to death in Ohio with that two-drug combination.
South Dakota did execute two prisoners with the compounded drugs last year.