state still using the firing squad for executions is phasing it out in favor of lethal injection. and, ted rollins joining us from draper, utah with more on this. ted, do we know when the supreme court might rule on his appeal? >> well they have until midnight local. they have three separate appeals still in front of them that they could rule on. or they couldn't. they may not. it is expected though they are working, we know that. still this evening. and they are expecting to get some word here in utah. if they don't hear from the supreme court, after the stroke of midnight, they will make a phone call to the attorney general's office, before they move forward with this execution just to be sure there was nothing out there preventing them from executing mr. gardner. ted rollins for us tonight. ted, thank you very much. larry king live starts in just a to minutes. larry, what do you have tonight? >> well, what don't we have. the head of bp took it on the chin again today. we will talk about his testimony