Tennessee death row inmate Billy Ray Irick has asked the U.S. Supreme Court to delay his execution. His appeal to the state supreme court has been denied and the governor said he will not stop it.

Irick’s lawyers filed the application for a stay yesterday, while the challenge of Tennessee’s three-drug execution method.

Irick is scheduled to be executed tomorrow night (August 9, 2018), making it the state’s first scheduled execution in almost nine years.

Irick was convicted of the rape and murder of 7-year-old Paula Dyer in 1986.

He’s currently lodged at Riverbend Maximum Security in Nashville on death watch.