State Won't Appeal Delay Of Ohio Execution

By: Associated Press
By: Associated Press

Columbus, Ohio (AP) -- The state says it won't appeal a court ruling that delays the april execution of a man who says he's innocent.

The offices of the Summit County Prosecutor and Ohio Attorney General say they'll wait for a decision in a related case by the U.S. Supreme Court that could take several weeks.

The 6th U.S. Circuit Court of Appeals said Tuesday a reprieve was appropriate to determine whether Brett Hartmann could succeed with his claim that he did not murder 46-year-old Winda Snipes in 1997.

A three-judge panel of the Appeals Court granted the delay while the U.S. Supreme Court weighs whether prisoners have a constitutional right to test dna evidence in their cases.

A decision is expected this spring.

The 34-year-old Hartmann was scheduled to die by injection April 7.

(Copyright 2009 by the Associated Press. All rights reserved.)

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