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Sep 27, 2013 4:37 PM by AP (PHOTO COURTESY: MGN ONLINE)

La. high court vacates man's Nov. 5 execution date

NEW ORLEANS (AP) - The Louisiana Supreme Court has vacated a Nov. 5 execution date for a man convicted of fatally beating and scalding his 6-year-old stepson in 1992.

The state's highest court ruled Wednesday that a state judge in Mansfield erred in setting the execution date when a federal appeals court still had jurisdiction over Christopher Sepulvado's case.

A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled last month that U.S. District Judge James Brady abused his discretion when he stayed a Feb. 13 execution date for Sepulvado. But the panel's ruling hasn't become final yet because Sepulvado's lawyer, Gary Clements, had until Friday to challenge the decision.

Clements on Thursday filed a request for the full 5th Circuit to review the panel's ruling.

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