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Kentucky ruling revives Arthur appeal

MONTGOMERY (AP) — Attorneys for Alabama death row inmate Tommy Arthur have asked for a stay of his execution Thursday based on the U.S. Supreme Court's decision to review lethal injection as a form of execution in Kentucky.

The 65-year-old Arthur has a lethal injection challenge pending before the high court. His attorneys amended it Tuesday to include the Kentucky case.

They also asked the Alabama Supreme Court for a stay Wednesday based on that decision. State's attorneys filed a motion opposing a stay.

Arthur was sentenced to die for the 1982 murder-for-hire killing of 35-year-old Troy Wicker of Muscle Shoals.

Assistant Attorney General Clay Crenshaw, opposing any delay in the execution, told the Alabama Supreme Court that the U.S. Supreme Court is in the best position to grant a stay because that court knows whether or not its opinion in the Kentucky case will have a nationwide impact.

Arthur's attorney argues that the inmate should be granted a stay because his challenge to lethal injection in Alabama could succeed.

But Crenshaw told the court that Arthur has not produced evidence of any execution mishap in an Alabama lethal injection execution or any "cruel or unusual pain" suffered by an inmate during a lethal injection.

Arthur also offered no evidence of any mishap in the delivery or injection of the three-drug mix, the state's motion says.

Copyright 2005 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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