Christopher Scott Emmett is scheduled to be executed tonight for beating a man to death in a motel room in 2001 and robbing him to buy drugs.

Emmett and the victim John Fenton Langley, were co-workers.

Attorneys for the 35-year-old Emmett hope to convince the US Supreme Court and Governor Tim Kaine to halt the execution, claiming he suffered an injustice at trial.

At issue is the performance of Emmett's trial lawyer, Lawrence Gott. Emmett alleges his lawyer failed to uncover information about his abusive childhood.

The state says Gott's performance was perfectly adequate, arguing that the courts have repeatedly rejected Emmett's claims of ineffective assistance of counsel.

The state Attorney General's office points out that several of Emmett's family members told Gott that Emmett's childhood was normal. The state also notes that Emmett told Gott he had not suffered any childhood abuse.