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Arizona asks Supreme Court to allow execution

A corrections officer walks along a fence outside the Arizona Sate Prison Tuesday, Oct. 26, 2010 in Florence, Ariz. The execution of Landrigan has been stayed pending appeal after his attorneys filed a complaint on Oct. 21 challenging the use of sodium thiopental from an unidentified foreign manufacturing source that is not approved by the U.S. Food and Drug Administration. (AP Photo/Matt York)

Arizona is asking the U.S. Supreme Court to allow the state to execute a 70-year-old death-row inmate for killing a Bisbee man more than three decades ago.

A motion filed Sunday by the state Attorney General’s Office asks the Supreme Court to lift a stay that the 9th U.S. Circuit Court of Appeals issued Friday for Edward Harold Schad.

The 9th Circuit previously said a judge needs to consider whether Schad was denied effective legal representation after his 1979 conviction.

The state’s motion says the 9th Circuit abused its discretion by issuing the stay and acted illogically by ordering the judge to consider evidence that the judge previously considered.

Schad was convicted of murdering 74-year-old Lorimer “Leroy” Grove of Bisbee in August 1978. Grove’s body was found in Yavapai County.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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