The state Attorney General Bill McCollum's office said it would not challenge the court's decision.

Vicki Rios-Martinez, the victim's mother, was unhappy with the court ruling.

"This is like 16 years ago. Today was the same kind of emotions, the same kind of chaos, the same kind of roller coaster ride," she said. "The system has disappointed us over and over and over again."

Schwab was sentenced to death for the murder of 11-year-old Junny Rios-Martinez.

In March 1991, the month Schwab was released from prison on a sexual assault sentence, a newspaper published a picture of Junny for winning a kite contest.

He gained the confidence of Junny's family, claiming he was with the newspaper and was writing an article on the boy.

On April 18, he called Junny's school and pretended to be Junny's father and asked that the boy meet him after school. Two days later, Schwab called his aunt in Ohio and claimed that someone named Donald had made him kidnap and rape the boy.

He was later arrested and told police where he left Junny's body — in a footlocker in a rural part of Brevard County.

Schwab's execution was to be the first in Florida since the botched execution of Angel Diaz on Dec. 13. It took 34 minutes for Diaz to die — twice as long as normal — because the guards pushed the needles through his veins.

This is Ellison's latest effort to make his mark on voting rights issues.

Last month, the freshman congressman introduced legislation that would ban the ID requirement in federal elections.

Ellison filed the brief with the support of all of the members of the Congressional Black Caucus, including presidential candidate Barack Obama, a Democratic senator from Illinois.

In the brief, Ellison argues that the tax violates the 24th Amendment's ban on poll or other taxes to vote.

Al-Masri has been charged with trying to establish a terrorist training camp in Oregon, conspiring to take hostages in Yemen and facilitating terrorist training in Afghanistan.

He is already serving a seven-year sentence in Britain for fomenting racial hatred and urging his followers to kill non-Muslims.

Senior District Judge Timothy Workman, presiding at City of Westminster Magistrates Court, said the case would now be referred to Home Secretary Jacqui Smith for a final decision.

Smith has two months to decide whether to surrender Al-Masri to the U.S. If she decides to hand the cleric over, he can then appeal to Britain's High Court, the House of Lords and the European Court of Human Rights.

Al-Masri, who lost both arms below the elbows and an eye fighting the Soviet occupation of Afghanistan in the 1980s, was arrested on a U.S. extradition warrant in May 2004, but the process was put on hold while he stood trial in Britain and then appealed his convictions.

In January, the House of Lords denied al-Masri permission to make further appeals, clearing the way for extradition proceedings.

A three-judge panel of the Michigan Court of Appeals expressed skepticism about the legal standing of Michigan's imperiled Jan. 15 presidential primary at a hearing Thursday afternoon. But the judges also indicated they need more time to decide whether to overturn a lower court decision to block it.

The judges closely questioned lawyers representing Secretary of State Terri Lynn Land, the state's chief elections officer, about the justification for restricting access to voter lists generated by the election to the Democratic and Republican parties, a practice the Ingham County Circuit Court found to be unconstitutional.

Lawyers defending the primary law said the Legislature could restrict access if that was deemed necessary to make the election possible and secure the participation of several million voters who would not participate if the two parties used a caucus or convention nominating process.

The appellate trio -- Chief Judge William Whitbeck and Judges Patrick Meter and Donald Owens -- also pressed state lawyers, who had requested a decision by today, for a few more days to consider the case.

Elections officials said they need a decision as soon as possible so that absentee ballots can be ready for distribution 45 days before the election as required by law.

The lawsuit was filed by East Lansing political consultant Mark Grebner and a group of citizens and activists that included former Free Press political columnist Hugh McDiarmid.

After Thursday's hearing, Grebner said the plaintiffs have no objection to the primary, only to the method for handling the voter lists that was devised by party leadership and muscled through the Legislature.

"If some method can be devised which allows the primary to proceed, while rejecting the idea of election records as property of the two major parties, the plaintiffs would be very happy," he said.