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MONTGOMERY, Ala. (AP) — A federal appeals court says Alabama, at least for now, can proceed toward the execution of an inmate who argues that a lethal injection would be cruel because lymphoma and hepatitis C have damaged his veins.

The 11th U.S. Circuit Court of Appeals on Tuesday overturned a federal judge’s stay of execution for Doyle Lee Hamm, who is scheduled to be put to death on Feb. 22 for the 1987 murder of motel clerk Patrick Cunningham.

The appellate court ruled that a judge prematurely stayed the execution, but agreed there are unsettled questions about Hamm’s health.

The three-judge panel said an independent medical expert should review Hamm’s condition immediately.

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