The Attorney General’s Office has filed for a rehearing on a stay of execution for a convicted murderer scheduled to be executed tonight at the Eastern Reception, Diagnostic and Correctional Center at Bonne Terre.

Allen Nicklasson (courtesy; Missouri Department of Corrections)

Allen Nicklasson (courtesy; Missouri Department of Corrections)

A 3-judge panel of the 8th Circuit Court of Appeals granted the stay for 41-year-old Allan Nicklasson, who is scheduled to die by lethal injection tonight for the 1994 murder of businessman Richard Drummond. The Court has requested briefs on four claims by Nicklasson and set a date for arguments of January 16.

The Attorney General’s Office argues that the court abused its discretion and issued an “unexplained order” staying the execution.

Stays granted in capital punishment cases are not unusual and do not mean the execution won’t happen.

Last month two stays were issued before the execution of white supremacist Joseph Paul Franklin. Like Nicklasson, his lethal injection was scheduled for 12:01 in the morning but Franklin was not executed until after 6 that morning.

The Missouri Supreme Court denied a stay for Nicklasson yesterday.