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upreme Court upholds inmate's execution stay
HELENA (AP) — The Montana Supreme Court has upheld a judge's stay of execution for a Canadian man on death row.
The justices had been asked to intervene in apparently conflicting orders by two district judges. One order set a Jan. 31 execution date for Ronald Allen Smith. The other granted the Canadian man a stay while he challenges the constitutionality of the state's method of lethal injection.
District Judge John Larson asked the Supreme Court to step in, saying Judge Jeffrey Sherlock's overstepped his jurisdiction in issuing the order granting a stay.
On Tuesday, the Supreme Court ruled that Sherlock has the authority to issue a stay of execution order. The justices denied Larson's request that they void the order.
Smith pleaded guilty to fatally shooting two men from Browning in 1982.
HELENA (AP) — The Montana Supreme Court has upheld a judge's stay of execution for a Canadian man on death row.
The justices had been asked to intervene in apparently conflicting orders by two district judges. One order set a Jan. 31 execution date for Ronald Allen Smith. The other granted the Canadian man a stay while he challenges the constitutionality of the state's method of lethal injection.
District Judge John Larson asked the Supreme Court to step in, saying Judge Jeffrey Sherlock's overstepped his jurisdiction in issuing the order granting a stay.
On Tuesday, the Supreme Court ruled that Sherlock has the authority to issue a stay of execution order. The justices denied Larson's request that they void the order.
Smith pleaded guilty to fatally shooting two men from Browning in 1982.
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