SALT LAKE CITY (AP) - A federal judge has decided to hear a petition for a stay of execution from a death row inmate set to die by firing squad this week.
U.S. District Court Chief Judge Tena Campbell set a hearing for 7 p.m. Tuesday.
Ronnie Lee Gardner wants his Friday execution stayed for a civil rights lawsuit he filed last week that alleges a commutation hearing held by the Utah Board and Pardons and Parole was tainted.
The parole board denied the 49-year-old's bid for clemency Monday.
Gardner was convicted of capital murder and sentenced to death in 1985 for the fatal courthouse shooting of attorney Michael Burdell during an escape attempt.
Copyright 2014 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.