Ohio Will Not Appeal Judge's Delay of Execution

COLUMBUS, Ohio (AP) - The state won't challenge an order delaying an Ohio killer's lethal injection over what a federal judge says is haphazard enforcement of execution policies.

Attorney general's spokesman Dan Tierney said Wednesday the office will not appeal the ruling in the case of Kenneth Smith, who was scheduled to die next week for killing a couple in their Hamilton home during a 1995 robbery.

Smith could now be allowed to argue at trial that the state violates the federal constitution.

He and other inmates argue that Ohio often strays from execution policies by not always having the required number of execution team members and not always documenting mixing of drugs.

Prisons spokesman Carlo LoParlo says Smith remains on death row and the state Supreme Court would be responsible for setting a new execution date.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

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