CALGARY - The Montana Supreme Court has upheld a judge's stay of execution for Ronald Smith, the only Canadian on death row in the United States.
The 53-year-old Red Deer, Alberta native had been facing a January 31st execution date.
The order was issued last month by Judge John Larson -- just two days after Judge Jeffrey Sherlock granted Smith a stay to challenge the constitutionality of the state's method of lethal injection.
Yesterday, the Supreme Court ruled that Sherlock has the authority to issue a stay of execution order.
Smith was convicted of shooting and killing two cousins while high on drugs and alcohol near East Glacier, Montana in 1982.
He refused a plea deal that would have seen him avoid death row but spend his life in prison.
Smith pleaded guilty, then asked for, and received, a death sentence, then had a change of heart and he has been on a legal roller-coaster for 25 years.
Several previous execution dates were set, but each was subsequently overturned.
It's not clear how soon the courts will hear the lethal injection case.
