Missouri Execution Halted For Now

    In this photo released by the Missouri Department of Corrections, death-row inmate Herbert Smulls is seen. Smulls scheduled for execution later this month says the state prison system is improperly storing expired doses of a new lethal injection drug provided by an Oklahoma pharmacy without a license to do business in the neighboring state. Attorneys for Herbert Smulls filed a complaint with the Oklahoma State Board of Pharmacy on Friday, Jan. 17, 2014. They want the board to recall an “expired, unsafe” batch of the sedative pentobarbital provided to Missouri by an unidentified compounding pharmacy in Oklahoma. (AP Photo/Missouri Department of Corrections)

    Missouri Department of Corrections/AP

    Two-and-a-half hours before the scheduled execution of Missouri death-row inmate Herbert Smulls, the U.S. Supreme Court issued a temporary stay. The court will rule Wednesday on the fate of the 56-year-old, who was convicted of killing a St. Louis County jeweler in 1991. His lawyer is arguing that the state’s failure to disclose the compounding pharmacy that the execution drug was purchased from leaves it unable to know whether the formula could cause pain and suffering. The Supreme Court is expected to rule later Wednesday.

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