June 23 (UPI) -- The scheduled execution of a Florida man on Tuesday is being appealed to the U.S. Supreme Court as attorneys question the state's "process for determining who lives and who dies."
Thomas Gudinas, 51, is scheduled to die by lethal injection after he was convicted of murdering and raping Michelle McGrath, 27, as she left an Orlando nightclub in 1994.
The "cause of death was a brain hemorrhage resulting from blunt force injuries to her head, probably inflicted by a stomping type blow from a boot," according to the medical examiner and restated in the opinion by the Florida Supreme Court.
While Gudinas' attorneys argue he should be spared because he is "severely mentally ill," they appealed last week to the U.S. Supreme Court for a stay of execution because they want Florida to release records related to Gov. Ron DeSantis' "unbridled discretion in determining who shall die and when."
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