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Supreme Court rejects death row appeal

WASHINGTON, Oct. 4 (UPI) -- The U.S. Supreme Court rejected hearing a Virginia death row inmate's appeal of his murder conviction in which some DNA evidence was destroyed.

The nation's highest court turned down Robin Lovitt's appeal without comment Monday, a somewhat surprising decision since the court 12 weeks ago stayed his execution 4 1/2 ours before it was to be carried out, The Washington Post reported.

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Lovitt, 41, was convicted in the 1998 robbery and stabbing of pool hall manager Clayton Dicks, 45.

"I'm so shocked, I'm speechless," said Minnie Lovitt, whose nephew has maintained he is innocent. "All I can do is continue to pray."

Lovitt's supporters focused on Virginia Gov. Mark R. Warner, who has never granted clemency since taking office in 2002. The state suggested a Nov. 30 execution in Jarratt, Va.

Lovitt's appeal challenged destruction of inconclusive DNA samples, which a Virginia court clerk destroyed despite objections of two other clerks.

Mary Dicks, the victim's mother, said she is convinced of Lovitt's guilt.

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