Virginia on Thursday set July 24 as the execution date for a man convicted of bludgeoning a co-worker to death in 200l but who is challenging the state’s method of lethal injection.

Christopher Scott Emmett is appealing his sentence, claiming Virginia’s method of capital punishment is cruel and unusual because a low dose of anesthetics is used and a second dose is not offered. A three-judge panel of the 4th U.S. Circuit Court of Appeals heard his appeal May 14 and is considering the case.