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Jun 15, 2010 5:59 PM by Greg Boyce

Utah man asks for stay from execution by firing squad

A death row inmate set to be executed by firing squad Friday will seek a stay of execution from the U.S. Supreme Court.

Attorneys for Ronnie Lee Gardner say they will ask justices to review the Utah Supreme Court's denial of Gardner's appeal. The Utah court said late Monday that it was too late for Gardner to challenge his death sentence.  Gardner's attorneys say his constitutional rights would be violated if he is executed before a state court hears mitigating evidence that could have swayed jurors toward a life sentence.  The 49-year-old is being put to death for the fatal 1985 courthouse shooting of an attorney.

Gardner's lawyers will also be in federal court Tuesday evening seeking a stay while they pursue a civil rights lawsuit against the Utah Board of Pardons and Parole.

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