Kenneth Biros was scheduled to be put to death December 8, but now a new appeal may hold up his execution again.
If executed, Biros would be the first inmate executed under Ohio's change from a three-drug intravenous lethal injection to a one-drug injection.
Biros' attorney filed an appeal late Friday asking for a hearing by the 6th U.S. District Court of Appeals.
Just Wednesday that court ruled that Biros's execution could proceed.
Biros killed Tammy Engstrom, 22, of Hubbard back in 1991 after he offered to drive her home from a bar.
