The 8th Circuit U.S. Court of Appeals
today vacated a stay of the execution of Don Davis,
convicted of a 1990 murder of Jane Daniel of Rogers. He's been contesting lethal injection as an unconstitutionally cruel punishment. One person close to Davis thinks he's not likely to appeal this decision. That means Gov. Mike Beebe will set an execution date soon. The court said Davis
had not asserted his claim in a timely fashion.