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The U.S. Supreme Court on Monday declined, without comment, to hear the appeal of Emmanuel Littlejohn, who was sentenced to death for the 1992 murder of an Oklahoma City convenience store owner.

Littlejohn has now exhausted his appeals and is eligible for execution. Eighteen inmates on Oklahoma’s death row are eligible for execution, though no execution dates have been set as the state crafts a new execution protocol for nitrogen gas.

Littlejohn, 46, had asked the high court to consider whether his death sentence was unconstitutional because jurors did not hear that Littlejohn’s brain damage, the result of severe drug and alcohol abuse by his mother during pregnancy, could have explained his criminal acts.