Alta. man's stay of execution upheld by court

Montana's top court has upheld a stay of execution for the only Canadian on death row in the United States.

The Montana Supreme Court was dealing with two conflicting court orders in the case of Ronald Smith, 53, originally from Red Deer, Alta.

Earlier this month, Judge John Larson set an execution date for Jan. 31, but that came just two days after Judge Jeffrey Sherlock had issued a stay in the case.

Sherlock is presiding over a civil suit that was filed on Smith's behalf by the American Civil Liberties Union, which argues that Montana's method of lethal injection is unconstitutionally cruel.

The high court ended up siding with Sherlock's ruling, meaning Smith will not face death at the end of next month.

Smith was convicted of shooting and killing two cousins, Harvey Madman Jr. and Thomas Running Rabbit, while high on drugs and alcohol near East Glacier, Mont., in 1982.