This undated photo provided by the Alabama Department of Corrections...

This undated photo provided by the Alabama Department of Corrections shows James Barber. A federal appeals court on Wednesday, July 19, 2023, refused to stop Barber's upcoming execution in Alabama, rejecting his argument that the state has a history of botched lethal injections. Barber, 64, is scheduled to be put to death Thursday evening, July 20, at a south Alabama prison, in the first execution scheduled in the state since Gov. Kay Ivey paused them in November for an internal review. Credit: AP

MONTGOMERY, Ala. — A federal appeals court on Wednesday refused to stop an upcoming execution in Alabama, rejecting an inmate's argument that the state has a history of botched lethal injections.

James Barber, 64, is scheduled to be put to death Thursday evening at a south Alabama prison, in the first execution scheduled in the state since Gov. Kay Ivey paused them in November for an internal review.

Ivey ordered the review after two lethal injections were called off because of difficulties inserting IVs. Advocacy groups said a third execution, carried out after a delay because of IV problems, was botched, though the state disputes that.

A divided panel from the 11th U.S. Circuit Court of Appeals ruled that Barber's execution could proceed. The judges said the state conducted a review of execution procedures and his assertion that the “same pattern would continue to occur” was “purely speculative.”

Barber was convicted in the 2001 beating death of 75-year-old Dorothy Epps. Prosecutors said Barber, a handyman who knew Epps’ daughter, confessed to killing her with a claw hammer and fleeing with her purse.

Jurors voted 11-1 to recommend a death sentence, which a judge imposed.

NewsdayTV's Doug Geed visits two wineries and a fish market, and then it's time for holiday cheer, with a visit to a bakery and poinsettia greenhouses. Credit: Randee Dadonna

Out East with Doug Geed: Wine harvests, a fish market, baked treats and poinsettias NewsdayTV's Doug Geed visits two wineries and a fish market, and then it's time for holiday cheer, with a visit to a bakery and poinsettia greenhouses.

NewsdayTV's Doug Geed visits two wineries and a fish market, and then it's time for holiday cheer, with a visit to a bakery and poinsettia greenhouses. Credit: Randee Dadonna

Out East with Doug Geed: Wine harvests, a fish market, baked treats and poinsettias NewsdayTV's Doug Geed visits two wineries and a fish market, and then it's time for holiday cheer, with a visit to a bakery and poinsettia greenhouses.

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