The Arizona Supreme Court has agreed to issue an execution warrant for a man who has been on death row since 1985 for raping and suffocating a 13-year-old girl in Tempe.
The high court on Tuesday granted prosecutors' motion to order the execution of 56-year-old Donald Edward Beaty.
The court has not set Beaty's execution date, but court spokeswoman Jennifer Liewer says it must happen in the next 35 to 60 days under Arizona law.
Beaty's attorneys had argued that the court shouldn't order his execution because of lingering questions about a controversial lethal injection drug.
They argued that the sedative sodium thiopental was illegally obtained and unregulated by the U.S. Food and Drug Administration.