convicted in 1979 and 1985

The U.S. Supreme Court reinstated a death sentence Monday for an Arizona man who was convicted of killing a man 35 years ago.

The justices' action is the court's latest skirmish with the federal appeals court in San Francisco over delays in Arizona's efforts to execute Edward Schad.

The court said in an unsigned opinion that the 9th U.S. Circuit Court of Appeals must step away from Schad's case and allow the state to proceed. The high court had once before thrown out a 9th Circuit ruling in Schad's favor.

Schad, who will be 71 in July, was sentenced to death for murdering Lorimer "Leroy" Grove, 74, of Bisbee in August 1978. He was convicted in October 1979, but the conviction was overturned on the grounds that the trial judge improperly instructed the jury. He was convicted of first-degree murder and sentenced to death again in a 1985 retrial.