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   It's unclear when or if Missouri death row inmate Herbert Smulls will be executed.  

   The U.S. Supreme Court has granted him a stay of execution.  Justice Samuel Alito signed the order and it was sent out Tuesday night, just hours before Smulls midnight execution date.  

   The 56 year old was convicted of killing a St. Louis County jeweler and badly injuring his wife during a 1991 robbery.  His juvenile accomplice, now 37, is serving a life sentence.   

   Smulls' lawyer says the stay is temporary while the high court reviews the case.  She had made last-minute pleas to spare Smulls' life, focusing on Smulls "due process" rights, since he still has appeals pending that challenge Missouri's execution method.  Attorney Cheryl Pilate is arguing that Missouri's refusal to disclose the name of the compounding pharmacy that makes the pentobarbitol used in executions makes it impossible for Smulls' advocates to know whether it could cause pain and suffering.

   Earlier on Tuesday, Pilate revealed the name of the company she believes is making the drug.  She told The Associated Press that her research indicates the drug is made by The Apothecary Shoppe, based in Tulsa, Okla. She says an Oklahoma City-based lab tested the drug.   

 

 

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