Tennessee is set to execute a man tonight for the 1985 rape and murder of a 7-year-old girl, in what would be the first time the state has applied the death penalty since 2009.

Fifty-nine-year-old inmate Billy Ray Irick is scheduled to receive a three-drug injection this evening. He was convicted in the death of the Knoxville girl he was babysitting when she was slain.

On Monday, the state Supreme Court denied a stay of Irick’s execution, saying the inmates’ lawsuit wasn’t likely to succeed.

Governor Bill Haslam also declined to intervene.