Federal Court Sets Workman's Execution Back On Track

Nashville (AP) -- A federal appeals court lifted a judge's order Monday, meaning that the execution of Tennessee death row inmate Philip Workman is back on track.

The 6th US Circuit Court of Appeals in Cincinnati vacated a temporary restraining order handed down Friday by a US District Court Judge in Nashville.

Workman's execution is scheduled for Wednesday at 1:00 a.m. CDT.

In the 2-to-1 majority opinion, Judge Jeffrey S. Sutton wrote that Workman has come within days of being executed five previous times and never challenged the state's three-drug lethal injection procedures.

Workman's lawyers claimed that Tennessee's new death penalty guidelines unveiled last week could still cause unconstitutional pain and suffering. But Sutton wrote that similar arguments have failed in the higher courts.

Workman was convicted for the 1981 shooting death of a Memphis police officer after a robbery at a fast-food restaurant.

Copyright 2007 by the Associated Press. All rights reserved.

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