A man who beat a co-worker to death with a lamp and then claimed Virginia's method of executing prisoners by lethal injection was inhumane is scheduled to die, unless a federal appeals court or the governor give him more time to make his argument.

Christopher Scott Emmett's execution is set for 9 p.m. Thursday at the Greensville Correctional Center in Jarratt.

Earlier this month, a divided panel of the 4th U.S. Circuit Court of Appeals rejected Emmett's argument that Virginia's use of lethal injection is cruel because of the possibility that paralyzing and heart-stopping drugs could be administered before inmates are rendered unconscious by another drug.

The court ruled that Virginia's methods of administering the lethal drugs were "substantially similar" to those in Kentucky, which were upheld by the U.S. Supreme Court in April.

Emmett's lawyers have asked the full court to hear his appeal. They also have asked Gov. Timothy Kaine for clemency.

Authorities say that in 2001, Emmett beat John Fenton Langley to death so he could steal money to buy crack cocaine.