PHOENIX (AP) – The Arizona Supreme Court has declined to overturn a lower court ruling that found a man set to be executed later this week is competent to be put to death.

The high court without comment on Monday said it would not review last week’s ruling.

Dixon’s lawyers are now expected to ask a federal judge in Phoenix to consider his competency as part of a flurry of last-minute court action they hope will prevent Wednesday’s scheduled execution.

U.S. District Court Judge Diane Humetewa has scheduled a late-morning hearing to consider Dixon’s contention that the state plans to use an expired drug to put him to death.

The state contends the sedative sodium pentobarbital meet expiration guidelines.