Monday's ruling by Judge Gregory Frost moves condemned killer Dennis McGuire one step closer to execution Thursday by the two-drug method developed after supplies of Ohio's former execution drug dried up.
McGuire's attorneys argue the drugs won't properly sedate McGuire and he'll suffer a syndrome known as air hunger as he struggles to breathe.
The state disputes such a scenario and calls the request an eleventh-hour appeal.
McGuire has also asked the U.S. Supreme Court to stop the execution, arguing a jury never got to hear the full extent of his chaotic and abusive childhood.
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