Judge Cooey , set to die Tuesday , has denied most state , federal appeals . Prison food and confinement in his cell for 23 hours a day , limiting his opportunities for exercise , contributed to his weight problem , his legal team said in recent court filings . Justices are free to decide whether he should receive stay of execution . They could also consider constitutional claims about medical fitness for execution . Drugs : Drug interaction , weakened veins , make punishment cruel , unusual .
Judge Cooey , set to die Tuesday , has denied most state , federal appeals . Justices are free to decide whether he should receive stay of execution . They could also consider constitutional claims about medical fitness for execution . Drugs : Drug interaction , weakened veins , make punishment cruel , unusual .