 On November 15, the 11th Circuit Court of Appeals ruled that the execution could proceed, but the United States Supreme Court blocked the execution later that same day pending a Kentucky case that challenged the three-drug combination used for lethal injection in both Florida and Kentucky.The Supreme Court upheld Kentucky's death penalty on April 16, 2008, by a vote of 7 to 2.Crist signed a new death warrant for Schwab the next day, without a date for execution.