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Published: Wednesday, Nov. 25, 2009 10:15 p.m. MST
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Ohio execution can proceed, court rules

CINCINNATI (AP) — An inmate whose execution was put on hold as he argued that Ohio's method of lethal injection was unconstitutional can die as scheduled next month, now that the state has instituted a different method, a federal appeals court ruled Wednesday.

Kenneth Biros would be the first inmate executed under the state's change from a three-drug intravenous lethal injection to a one-drug IV injection, with a two-drug muscle injection serving as a backup. A federal district judge had temporarily delayed his execution after an unsuccessful attempt to execute another inmate.

"In granting a stay of execution, the district court based its reasoning on concerns related to the old procedure. Because the old procedure will not be utilized on Biros, no basis exists for continuing the stay previously in effect," the appeals court wrote.

Biros could still bring a new challenge requesting a stay of execution under the new protocol, the court noted. He also could appeal to the full 6th Circuit or to the U.S. Supreme Court.

BLM delays Nevada wild-horse roundup

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CARSON CITY, Nev. (AP) — The Bureau of Land Management on Wednesday postponed a planned roundup of thousands of wild horses in Nevada because of a lawsuit and to allow time for appeals of its decision.

BLM spokeswoman JoLynn Worley in Reno confirmed that the roundup planned to begin Dec. 7 has been delayed until Dec. 28.

In Defense of Animals, a California-based animal protection group, filed a lawsuit Monday in U.S. District Court in Washington, D.C., seeking to halt the roundup. The suit said wild horses are an integral part of the natural ecosystem and should remain on rangeland throughout much of the West rather than be herded into long-term holding pens.

The suit also argued that the use of helicopters in massive roundups is illegal because they "traumatize, injure and kill" some of the animals.

Santa Anas drive California blaze

ANAHEIM, Calif. (AP) — Santa Ana winds fanned a fire across 80 acres of Southern California hills before firefighters reduced it Wednesday to a smoldering — but still dangerous — black scar.

Containment lines around 90 percent of the fire were completed by Wednesday night, with full containment expected by noon today, the Orange County Fire Authority said.

No homes were threatened, but firefighters were watching in case winds whipped the fire back to life.

The fire erupted Tuesday as Santa Ana winds buffeted parts of the region. The National Weather Service said the winds would continue through Thanksgiving morning.

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