State Supreme Court Refuses to Block Execution of Kelly
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SAN FRANCISCO — The state Supreme Court refused Tuesday to block Horace Kelly’s execution next week or to review a jury’s conclusion that he is sane enough to be put to death for three Southern California murders.
By a 5-2 vote, without comment, the court denied a hearing on claims by Kelly’s lawyer of numerous legal errors and irregularities in the sanity trial, the first proceeding in a California court since 1950 to consider whether a prisoner was too insane to be executed.
Kelly, 38, is scheduled to die by lethal injection Tuesday for murdering two women and an 11-year-old boy in San Bernardino and Riverside counties during a six-day period in November 1984.
A federal judge in Los Angeles is scheduled to consider a defense request for a stay of execution Wednesday. The state contends that the judge lacks authority to hear the case.
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