Court denies state's request in death penalty case

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By Tami Hoey By Tami Hoey

PHOENIX (AP) -- An appeals court has rejected the state of Arizona's request for a hearing to reconsider its order that a judge examine a death-row inmate's claim that he had ineffective lawyers earlier in his case.

The 9th U.S. Circuit Court of Appeals denied the state's request on Monday in the case of 70-year-old Edward Schad.

The appeals court blocked Schad's scheduled Wednesday execution, but lawyers for the state are asking the U.S. Supreme Court to let the execution go ahead as planned.

The state is expected to ask the Supreme Court on Tuesday to overturn the 9th Circuit's ruling that a lower-court judge needs to consider whether Schad was denied effective legal representation after his 1979 conviction.

Schad was convicted of murdering 74-year-old Lorimer "Leroy" Grove of Bisbee in August 1978.