The attorney general's office is seeking to halt the video recording of a Georgia execution scheduled for Thursday.
State prosecutors are asking a state judge in Butts County for permission to appeal her ruling allowing the video recording to the Georgia Supreme Court. The state's top court on Wednesday had let the lower court's ruling stand, citing a procedural error by the state.
The recording was requested by another death row inmate seeking evidence of problems with Georgia's reconfigured lethal injection procedure.
Andrew DeYoung was scheduled to die Wednesday night but his execution was delayed to 7 p.m. Thursday.
Experts say it would be the first known video recording of an execution since 1992.