Idaho plans to execute a 74-year-old man - the state’s long-serving death row prisoner - next month after officials botched his first execution.

Thomas Creech, 74, has argued that a repeat effort to give him a lethal injection would violate his constitutional rights against cruel and unusual punishment.

A federal appeals court has disqualified a judge from hearing an Idaho death row inmate's lawsuit accusing prosecutors of fabricating evidence to prevent him from winning clemency, saying the judge should have recused herself due to her friendship with the top prosecutor in the case.

An Idaho judge has scheduled the execution of the state's longest-serving death row inmate following a botched attempt to administer his sentence earlier this year.

A 9th U.S. Circuit Court of Appeals panel unanimously found that U.S. District Judge Amanda Brailsford’s decision not to recuse herself was “based on a clear error of law.”

Idaho's longest death row inmate is set to be executed next month. A judge issued a death warrant for Thomas Eugene Creech, who has been on death row since 1981, one day after prison officials announced that it had renovated its execution chamber.