A federal judge stayed Garry Allen's execution on Wednesday afternoon — about 27 hours before he was to die by lethal injection. Judge David Russell issued the stay, ruling that Allen's claims that he is insane and ineligible for the death penalty should be reviewed.
Attorney General Scott Pruitt's office filed its notice of appeal Wednesday with the 10th U.S. Circuit Court of Appeals. In the appeal, the state argues that courts have found Allen sane and that he's capable of understanding his execution is for the 1986 murder of Gail Titsworth.
Allen has been diagnosed with schizophrenia and his attorneys argue his mental state deteriorated on death row.