David Zink

A three-judge panel with the 8th U.S. Circuit Court of Appeals on Tuesday declined without comment David Zink's claims that the death penalty is unconstitutional.

The state's high court rejected without comment a request to intervene on behalf of 55-year-old David Zink. That appeal was filed Sunday.

Attorneys for 55-year-old David Zink has appeals pending Monday with the Missouri Supreme Court, the 8th U.S. Circuit Court of Appeals and the U.S. Supreme Court. A clemency request also is with Gov. Jay Nixon.

Zink is scheduled to face lethal injection Tuesday.