(AP) The fate of Missouri death row inmate Allen Nicklasson is in the hands of the U.S. Supreme Court.

Missouri Attorney General Chris Koster late Tuesday appealed a stay of execution granted by a three-judge panel of the 8th U.S. Circuit Court of Appeals. The full appeals court declined to take up the case, prompting Koster’s appeal to the Supreme Court.

Nicklasson is scheduled to die by injection at 12:01 a.m. Wednesday for a 1994 killing. Businessman Richard Drummond was fatally shot after stopping to help when a car carrying Nicklasson and two others stalled along Interstate 70 in mid-Missouri. Nicklasson and one of the men then drove to Arizona and killed a husband and wife.

Nicklasson’s attorney has also asked the Missouri Supreme Court and Gov. Jay Nixon to intervene.