The federal appeals court in St. Louis has refused to consider whether Missouri’s lethal injection execution process is unconstutional. The court has let a previous decision stand that says it is not. A panel of three-members of the court had ruled in June that lethal injection, as administered in Missouri, is not cruel and unusual punishment.

Prison inmate Michael Taylor, who came within hours of execution early last year, says it is. He is under a death sentence for his part of the kidnapping, rape, and murder of a Kansas City teenager in 19-89.

Missouri has not executed an inmate since October, 2005.

The only higher court than the Eighth Circuit is the U-S Supreme Court.