His attorneys filed two appeals Thursday; one was denied, the other was approved by the US Third Circuit Court. He is still waiting to hear if that appeal is signed.
Rockview Prison officials are still treating the execution as if it is happening, but they are in a holding pattern.
That means they have to wait to see whether or not the York County District Attorney will sign off on the appeal. If the District Attorney approves the appeal, Hubert Michael's case will go back to the court. If the appeal is not signed, he will die Thursday.
The warrant for the execution is still good through Thursday night at 11:59 PM. It's not clear if he has to be executed by midnight or if that's when the process of execution has to start.
56-year old Hubert Michael was found guilty in 1993 of murdering 16 year-old Trista Eng of Franklin Township. He kidnapped her, raped her and shot her three times, leaving her body in State Game Lands near Dillsburg, York County.
Michael has been in this situation twice before, once in 1996 and the other in 2004. In both occasions the execution was stayed.
Michael showed up early this morning and corrections officers say he has been quiet, polite and composed.
He has visited with spiritual advisers and attorneys throughout the day. He did decline his last meal, but ate french toast, orange juice and coffee for breakfast Thursday morning.
There has been a case similar to Michael's in the past. Leon Jerome Moser was convicted in Montgomery County for the 1985 murders of his ex-wife and their two daughters following Palm Sunday services at their church. Moser's attorney's also filed appeals before his scheduled execution in 1995. His execution was briefly stayed, but he did end up being executed as scheduled.
An anti-death penalty group is protesting the execution. They are holding a candlelight vigil in front of Rockview Prison grounds.