Appeal denied

Florida Supreme Court rejects Rutherford appeal

TALLAHASSEE, Fla. (AP) — One of two death row inmates scheduled for execution later this month lost an appeal to the Florida Supreme Court on Thursday.
The justices without comment unanimously rejected Arthur D. Rutherford’s claim that his rights had been violated because he was placed in shackles during the penalty phase of his trial.
Rutherford, 56, has a separate appeal pending in Santa Rosa County, where he was convicted of killing Stella Salamon in 1985 at her home. Her body was found submerged in a bathtub. Rutherford is scheduled for execution Jan. 31.
The Supreme Court has set oral argument next Wednesday in an appeal by Clarence Edward Hill, 47, who is scheduled to die Jan. 24 for the 1982 shooting death of Pensacola police officer Stephen Taylor during a bank robbery.

Hill’s lawyer contends his execution would be cruel and unusual punishment in part because he is brain damaged and mentally disabled.

©2006 The Associated Press.