Published Tue, Jan 17, 2012 8:38 am Dateline
Updated Tue, Jan 17, 2012 9:21 am
Update 9:23 am
Ohio will not go forward with an execution that had been scheduled for Wednesday as it asks the U.S. Supreme Court to rule that the state's protocol for lethal injections is constitutional.
Charles Lorraine, 45, had been scheduled to die Wednesday, but a U.S. district judge halted the procedure last week, saying the state had failed to follow its own rules for executions.
A federal appeals court agreed that the execution should be delayed while those changes and reasons for them are reviewed.
Attorney General Mike DeWine and Gov. John Kasich on Sunday had announced the state was appealing to the U.S Supreme Court.
The state is awaiting word from the U.S. Supreme Court on whether it can execute a man scheduled to die Wednesday for killing an elderly couple in northeast Ohio.
The state is asking the high court to reject the decisions of a U.S. district judge and a federal appeals court and rule that Ohio's protocol for lethal injections is constitutional.
The appeals court said Friday that Charles Lorraine's execution should be delayed to review changes Ohio has made in carrying out executions.
Gov. John Kasich said Monday he does not expect Lorraine's execution to go forward this week.
The 45-year-old faces death for killing a 77-year-old man and his 80-year-old, bedridden wife.
They were stabbed repeatedly before their Trumbull County home was burglarized in 1986.