Ohio is asking a federal appeals court to lift a stay of execution for a man who was scheduled to die next week. The state's lawyers say the Sixth U.S. Circuit Court of Appeals should allow the lethal injection on Tuesday of a man convicted of the 1987 rape, robbery and murder of a Cincinnati woman. Ohio argues that a federal judge erred this week when he granted the stay to allow time for medical investigation of prisoner William H. Smith's claim that he has a brain abnormality that could have affected his behavior.
Defense lawyers say they will ask the appeals court tomorrow to uphold the stay of execution. The 47-year-old Smith had been scheduled for lethal injection on Tuesday for the 1987 robbery, rape and stabbing of Mary Bradford.