U.S. Court of Appeals for the Ninth Circuit's order in Schad v. Ryan is available in Adobe .pdf format.
The Arizona Republic reports, "Ariona death-row inmate's clemency hearing canceled." It's by Michael Kiefer.
Edward Schad, scheduled to be executed a week from today for the 1978 murder of a Bisbee man, was to appear today before the Arizona Board of Executive Clemency at the state prison in Florence to ask that his life be spared.
But the hearing was canceled late Tuesday because of a ruling in the U.S Ninth Circuit Court of Appeals. The appellate judges did not issue a stay of execution, but ordered that the U.S. District Court in Arizona reconsider Schad’s claims of ineffective assistance of counsel at his trial.
[A]t Schad’s trial, his defense attorney failed to bring up Schad’s mental illness, which might have persuaded a judge to impose a sentence of life in prison instead of death.
Earlier appeals based on that information were denied in the courts. But a recent U.S. Supreme Court decision redefined when allegations of ineffective assistance of counsel can be raised in federal court. Normally such issues must first be raised in state court before they can be considered in federal court.
Tuesday’s Ninth Circuit order asked the lower court to reevaluate Schad’s argument in light of the U.S. Supreme Court decision.
The Supreme Court case referenced is Martinez v. Ryan; more via Oyez.