Maryland's highest court stayed the execution of Steven...

Maryland's highest court stayed the execution of Steven Oken, delaying his death until at least until May when it hears the case.
Oken was scheduled to die the week of March 17 for the 1987 slaying of 20-year-old newlywed Dawn Marie Garvin. But by a 5-2 vote, the Court of Appeals halted the execution order signed Jan. 27 in Baltimore County.
Oken's attorney, Fred Warren Bennett, filed the motion for a stay with the high court. Bennett argued Maryland's law does not force juries in the sentencing phase of a death penalty case to give enough weight to factors that might discourage a death sentence.
The high court's decision to stay the execution likely signals the court's willingness to judge Maryland's law against two Supreme Court decisions dealing with those factors.
"This is good news indeed," Bennett said. "It shows the court of appeals continues to be interested in this case."
Bennett also appealed on the grounds that a recently released study of Maryland's death penalty proved the statute was unfair. The court did not act on that appeal in its stay, Bennett said.
Lawmakers and death penalty opponents are hoping to change Gov. Robert Ehrlich's mind with a measure that would block executions until after the state report is reviewed by the General Assembly and lawmakers make recommendations.
"We anxiously await the court's decision and we'll let the judicial process play its course," said Shareese DeLeaver, a spokeswoman for the governor.