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Valle Asks Supreme Court To Delay Execution

TALLAHASSEE, Fla. (CBSMiami.com) – Death row inmate Manuel Valle, 61, has asked for the U.S. Supreme Court to issue him a stay of execution.

Valle was convicted of fatally shooting Coral Gables officer Louis Peña in 1978 after a traffic stop. Various appeals and delays have kept him on Death Row until earlier this year, when Gov. Rick Scott announced he would carry out the death warrant, making Valle the first person executed during his term.

Valle's attorneys are seeking a reversal of a Florida Supreme Court decision that they cannot file a civil rights case on behalf of Valle based on Florida law.

The state Supreme Court decision would leave Valle unable to challenge the state's denial of clemency proceedings in federal court. Valle's lawyers said that would constitute a violation of his due process and equal protection rights under the 14th amendment.

Florida has set Valle's death for September 28th at 4 p.m.

(TM and © Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2010 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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