Fed. appeals court orders stay of execution in Okla.

By: Associated Press Email
By: Associated Press Email

McALESTER, Okla. (AP) - A federal appeals court has ordered a stay of execution for an Oklahoma inmate to remain in effect while the full court considers the case.

The 10th U.S. Circuit Court of Appeals ruled 6-4 late Thursday that a stay of execution granted by a lower court will remain in effect for 56-year-old Garry Allen.

A spokeswoman for the Oklahoma Attorney General's office says it has appealed the 10th Circuit ruling to the U.S. Supreme Court and expects a final ruling later Thursday.

Allen was scheduled to die at 6 p.m. Thursday for the 1986 shooting death of the mother of two of his children outside an Oklahoma City daycare center, but a federal district judge ordered a stay of execution.
Allen's attorneys maintain he is mentally incompetent and are challenging Oklahoma's procedure for determining insanity.

(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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