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May 6, 2010 7:01 PM

Utah inmate scheduled to die by firing squad

Utah state attorneys say a condemned inmate cannot seek a stay of a warrant ordering his execution by firing squad next month.

In a court filing Thursday, Assistant Utah Attorney General Tom Brunker says state law only lets Ronnie Lee Gardner appeal his death sentence - not the order that carries out the punishment.  The 49-year-old Gardner was convicted of capital murder and sentenced to die in 1985.  Last month, after determining state and federal appeals were exhausted, a state judge set execution for June 18.

Gardner's attorneys have sought a stay pending a Utah Supreme Court appeal.  Gardner chose to die by firing squad, an option only available to death row inmates convicted before 2004.

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