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

The justices’ action on Monday 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 says 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 years old in July, was sentenced to death for murdering 74-year-old Lorimer "Leroy" Grove, of Bisbee, in August 1978.

Schad 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.

Senior Editor, News, Arizona Daily Star, Tucson, Az.

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