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Florida Supreme Court dismisses British neurologist's appeal on Valle execution

The Florida Supreme Court dismissed on Tuesday a last-ditch attempt by a British neurologist to stop the execution of Manuel Valle, which is scheduled for Wednesday.

Dr. David Nicholl had argued that the state should not be allowed to use pentobarbital, a sedative, as part of its lethal injections because the drug has not been tested as an anesthetic, the Food and Drug Administration has not approved it and the drug's manufacturer, Lundbeck, opposes the use of pentobarbital in executions.

The FDA has declined to enforce a ban against states using drugs to carry out executions.

Valle, who still has an appeal pending before the U.S. Supreme Court, is set to be executed by lethal injection at 4 p.m. Wednesday.