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Appeals court refuses to stop Biros' execution



Published: Fri, December 4, 2009 @ 2:13 p.m.

COLUMBUS, Ohio (AP) — A federal appeals court has refused to stop Tuesday's execution of an Ohio inmate who could be the first in the nation put to death with a single lethal injection drug.

The 6th U.S. Court of Appeals in Cincinnati on Friday turned down Kenneth Biros' request to have the full court hear his challenge of Ohio's injection system.

A three-judge panel of the court ruled last week that the execution could proceed because the state adopted a new method that Biros had not previously challenged.

The full court upheld that decision Friday, but Biros has already filed a formal challenge of the new process and asked for an emergency delay.

A federal judge in Columbus planned a hearing on Biros' latest challenge Friday and it's possible, depending on his decision, the issue could return to the appeals court.


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