A federal appeals court has disqualified a judge from hearing an Idaho death row inmate's lawsuit accusing prosecutors of fabricating evidence to prevent him from winning clemency, saying the judge should have recused herself due to her friendship with the top prosecutor in the case.

An Idaho judge has scheduled the execution of the state's longest-serving death row inmate following a botched attempt to administer his sentence earlier this year.

Prisoner Thomas Creech, 74, has argued that a repeat execution attempt would violate his constitutional rights against cruel and unusual punishment.

A 9th U.S. Circuit Court of Appeals panel unanimously found that U.S. District Judge Amanda Brailsford’s decision not to recuse herself was “based on a clear error of law.”

Correction officials in Idaho served death row inmate Thomas Creech on Wednesday with a death warrant scheduling his execution for Nov. 13, the Idaho Department of Correction announced in a news release on Wednesday.

A man who survived the state's attempt to execute him earlier this year has another date with the death chamber.

Idaho plans to execute a 74-year-old man - the state’s long-serving death row prisoner - next month after officials botched his first execution.

Idaho prison officials will attempt to execute the state’s longest-serving death row inmate next month using new protocols after botching the first attempt several months ago.