Attorneys for condemned killer Paul Ezra Rhoades have issued a statement saying they plan to file an appeal to the 9th Circuit U.S. Court of Appeals today seeking a stay of execution; Rhoades' execution is scheduled for Friday. “We remain dedicated to challenging Idaho's lethal injection protocol, as we maintain it could subject Mr. Rhoades to substantial risk of severe pain,” the attorneys wrote. You can read their full statement here.

They also said they're continuing to urge Gov. Butch Otter to grant Rhoades a reprieve until a clemency hearing can be held by the Idaho Board of Pardons & Parole; that board earlier rejected Rhoades' bid for a clemency hearing.