Supreme Court orders stay of execution


ST. LOUIS (AP) — The U.S. Supreme Court has granted a stay of execution for Missouri death row inmate Herbert Smulls.

Justice Samuel Alito signed the order that was sent out Tuesday night.

Smulls' lawyer says the stay is temporary while the high court reviews the case, but she is hopeful it will become permanent.

She had made last-minute pleas to spare Smulls' life, focusing on the state's refusal to disclose from which compounding pharmacy they obtain the lethal-injection drug, pentobarbital. Missouri has argued the pharmacy is part of the execution team, so its name can't be released.

Smulls was convicted of killing a St. Louis County jeweler and badly injuring his wife during a 1991 robbery.

The 56-year-old had been scheduled for lethal injection at 12:01 a.m. Wednesday.

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