Convicted killer Tommy Lynn Sells' attorney filed a suit in Houston federal court in a last attempt to block Sells' execution scheduled for Thursday.
Jonathan Ross, Sells' attorney, argues that the state has refused to release details of the lethal injection drug, and that violates constitutional rights.
Ross also said the information was allowed by a lower Texas court but was blocked by the Texas Supreme Court. The Texas Supreme Court wanted to put the case on the hearing schedule, but that would have been after the scheduled execution date for Sells and Ramiro Hernandez Llanas. A suit was filed on behalf of both men.
Ross also asked for time to file a petition on behalf of his client, depending on what the federal judge decides. The federal court is expected to make a decision by Wednesday whether to grant the attempt to push Sells' execution date back.