The fate of Missouri death row inmate Herbert Smulls is in limbo. The 56 year old is scheduled to die by lethal injection at 12:01 a.m. Wednesday.
On Friday, a federal appeals court in St. Louis ruled 7-3 against death row inmates arguing that the state's use of an Oklahoma compounding pharmacy to make the lethal injection drug pentobarbital without disclosing the name of the pharmacy was unconstitutional.
Then on Monday, a federal judge in Kansas City denied Smulls request for a 60 day stay of execution so he can continue to appeal Missouri's execution method. His attorneys claim denying the stay violates his "due process" rights and they've appealed again.
Smulls has also asked Governor Jay Nixon for clemancy. A spokesman says the governor hasn't reached a decision yet.
Smulls was convicted of killing a Chesterfield jeweler during a 1992 robbery.
LOS ANGELES (AP) - Porn publisher Larry Flynt says he doesn't want to see the man whose gunshots paralyzed him 35 years ago put to death for his crimes.
In an essay published Thursday in The Hollywood Reporter, Flynt says that while he'd love to take pliers and a pair of wire cutters to Joseph Paul Franklin, he doesn't believe in the death penalty.
The Hustler magazine publisher says keeping Franklin locked in a tiny prison cell for the rest of his life is a greater punishment.
Franklin has been in prison since 1980 for a string of shootings that left five people dead and others wounded.
He is scheduled to be executed November 20th in Missouri.
Franklin targeted blacks, Jews and people like Flynt, who he believed promoted interracial relations.