A federal appeals court will decide later today whether a stay of execution for John Middleton should stand.  The court decided within the hour of Middleton’s scheduled execution not to not take up the appeal immediately and will consider it today.  Middleton’s death warrant allows him to be executed anytime today.

Perry says Middleton’s lawyers have raised questions about his sanity that should be considered  as grounds for canceling his death sentence.  Regardless of the ruling, a further appeal is expected.

Middleton is under a death sentence for the murders of three people in northwest Missouri.  He considered them to be informants about his meth-making and dealing operations.

He remains in a holding cell at the Bonne Terre prison, about fifty feet from the execution chamber.  The warrant for his execution expires at midnight tonight.

AUDIO: Mike O’Connell, DPS 3:30