Judge declines to revive Tennessee death row inmate lawsuit

This undated photo provided by the Tennessee Department of Correction shows Billy Ray Irick, currently on death row at Riverbend Maximum Security Institution in Nashville, Tenn.
This undated photo provided by the Tennessee Department of Correction shows Billy Ray Irick, currently on death row at Riverbend Maximum Security Institution in Nashville, Tenn.

NASHVILLE, Tenn. (AP) - A federal judge has declined to revive a lawsuit brought by a Tennessee death row inmate who is scheduled to be executed on Oct. 11.

The Tennessean reports that U.S. District Judge Aleta Trauger denied 63-year-old Edmund Zagorski's claims on Wednesday. Zagorski's lawsuit contended he had faulty legal representation after his 1984 conviction in the deaths of two men in Robertson County, and his lawyers said a 2012 U.S. Supreme Court opinion gave him new grounds to challenge his sentence.

Zagorski is part of a lawsuit challenging Tennessee's lethal injection protocol, and the case is scheduled before the state Supreme Court on Oct. 3.

Gov. Bill Haslam is also considering a clemency request from Zagorski.

Inmate Billy Ray Irick was executed by lethal injection on Aug. 9.

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