A man is scheduled to be executed tonight for the 2001 beating death of his roommate in a hotel room.

Christopher Scott Emmett's execution comes as his attorneys argue that Virginia's use of lethal injection amounts to cruel and unusual punishment because of the possibility that paralyzing and heart-stopping drugs could be given before inmates are rendered unconscious by another drug.

A panel of the 4th U.S. Circuit Court of Appeals ruled earlier this month that Virginia's methods of administering the lethal drugs were "substantially similar" to those in Kentucky, which were upheld by the U.S. Supreme Court in April.

In 2001, 36-year-old Emmett beat 43-year-old John F. Langley to death with the base of a brass lamp so he could steal his wallet to get money to buy crack cocaine. The two were sharing a motel room in Danville while working as part of an out-of town roofing crew.

-- From Staff and Wire reports