Another attempt by Kenneth Biros to stay his execution has been denied.

Attorneys for Biros filed an appeal saying his death penalty conviction was part of a faulty indictment.

Within 48 hours of the filing, the Ohio Supreme Court unanimously dismissed Biros' appeal.

Biros was sentenced to death for the 1991 murder of Tami Engstrom of Hubbard.

He's sentenced to die this Tuesday at 10 a.m. in Lucasville.