The majority allowed the appeal and issued a stay of proceedings.
A Federal district judge issued a stay of execution and ordered a hearing on the new evidence.
The court should not "turn state law on its head" by issuing a stay in what was essentially a closed criminal case, prosecutors wrote.
The Supreme Court voted 5 to 4 to issue a stay.
The court declined to grant the group's request but on its own authority issued a stay.
He issued a stay that will remain in effect until April 2005.
But the judge said he would not issue a stay, and at that point they all got up and walked out.
A judge issued a stay against the project, which brought Gregory's work to a halt.
But he said Monday he would not issue a stay.
Nevertheless, the state decided not to issue a stay of execution for the man and instead put him to death on time.