Fifty-six-year-old Arthur Rutherford was scheduled to be put to death at 6 p.m.
Rutherford was condemned for the 1985 attack on a Milton woman. He was seeking a stay of execution on the same grounds which delayed the lethal injection of a Florida killer last week.
At that time, the high court stayed the execution of Clarence Hill on an issue Rutherford also has raised that the state's lethal injection procedure is cruel and unusual punishment.
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