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.
ST. LOUIS (AP) — The execution of convicted killer Allen Nicklasson, postponed in the debate over Missouri's choice of execution drug, has been rescheduled for December 11th.
The Missouri Supreme Court set the new date on Friday.
Nicklasson was convicted of the 1994 killing of Excelsior Springs, Missouri businessman Richard Drummond, who stopped to help when a car used by Nicklasson and two others broke down on Interstate 70. Another man in the car, Dennis Skillicorn, was executed in 2009.
Nicklasson was first set to be executed Oct. 23, when Missouri planned to use the anesthetic propofol for the first time. The plan drew concerns because most propofol is made in Europe, and the European Union threatened to limit export if it was used in an execution.
Governor Jay Nixon stopped the execution.