The state of Ohio requested a new execution date Tuesday for John W. Byrd.

Byrd

        The request by the Ohio Attorney General's office came just one day after a federal appeals court cleared the way for Mr. Byrd's execution.

        The Ohio Supreme Court is expected to consider the request within 10 days.

        “This court ... need not delay the setting of Byrd's execution date,” Ohio Attorney General Betty Montgomery wrote in her request to the court. “Byrd has once again exhausted his available legal challenges.”

        Mr. Byrd was sentenced to death for stabbing to death Colerain Township convenience clerk Monte Tewksbury in 1983. His execution has been delayed several times, most recently in September when the U.S. 6th Circuit Court of Appeals granted a stay to consider more evidence in the case.

        On Monday, the 6th Circuit decided the execution should go forward. Mr. Byrd is expected to make a final appeal to the U.S. Supreme Court.

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