A federal appeals court has refused to stop the execution of a Delaware man convicted of murdering a woman with an ax nearly two decades ago.

The 3rd U.S. Circuit Court of Appeals on Thursday evening rejected a request from Robert Jackson III to halt the execution. Jackson is scheduled to die by lethal injection early Friday. His execution would be the first in Delaware since 2005.

Jackson's lawyers have appealed to Delaware's governor. They're also hoping the U.S. Supreme Court will intervene.

But as of 11 p.m. the execution was scheduled to go on as scheduled after Gov. Jack Markell refused to step in to stop the execution.

Gov. Markell has denied Mr. Jackson’s request for a reprieve. A reprieve is an extraordinary remedy, and the basis for the request was to allow the Third Circuit Court of Appeals and the U.S. Supreme Court to consider Mr. Jackson’s petitions. Both courts have considered those petitions and decided not to grant relief.

Jackson was convicted of killing Hockessin resident Elizabeth Girardi in 1992 during a home burglary.

Delaware has put to death 14 inmates since 1992.

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