On Thursday Zagorski asked the court take up his claim that it's unconstitutional to force him to choose between the electric chair and lethal injection. Zagorski chose the chair because he thinks it will be quicker, but he maintains that both methods are unconstitutional.
Zagorski already had a petition pending in a different case. That one claims Zagorski had bad lawyers at trial, resulting in an unfair verdict.
Zagorski is scheduled to be executed at 7 p.m. in Nashville's Riverbend Maximum Security Institution. He was sentenced in 1984 for murdering two men during a drug deal.