ST. LOUIS (AP) – A federal appeals court has cleared the way for a Missouri death row inmate to be executed Tuesday and ordered his petition for post-conviction relief dismissed, despite questions raised about evidence used to convict him.

The Sunday decision by the 8th U.S. Circuit Court of Appeals vacates a 30-day stay of execution granted Friday to 64-year-old Walter Barton by a federal judge.

The execution would be the first in the U.S. since March 5 and is scheduled despite concerns about the coronavirus that prompted other states to postpone lethal injections.

Barton is set to die by lethal injection for the 1991 killing of 81-year-old trailer park operator Gladys Kuehler.