A majority of Tennessee's Supreme Court justices have denied death row inmate Billy Ray Irick's appeal for a stay of execution, according to a news release.
Irick was sentenced to death after his 1986 convictions for raping and murdering a seven-year-old child. He is scheduled to be executed on Aug. 9.
Irick and other death row inmates filed a lawsuit several years ago claiming the Tennessee Department of Correction's single-drug lethal injection protocol using pentobarbitol was unconstitutional.
The state supreme court upheld that protocol as constitutional in March 2017. In January of this year, the U.S Supreme Court refused to hear the case, and the state supreme court rescheduled the execution for Aug. 9.