LOUISVILLE, Ky. (AP) -- The Kentucky Court of Appeals has turned away a challenge by a death row inmate to the state's tobacco free prisons policy.
The court on Friday found that state law does not limit the Department of Corrections authority to ban smoking at penal institutions.
Death row inmate John Mills challenged the ban, saying Corrections Commissioner LaDonna Thompson didn't have the authority to implement a tobacco free policy.
Kentucky started the tobacco free prison policy in 2006.
Mills was sentenced to death Oct. 18, 1996 in Knox County for the stabbing death of 79-year-old Arthur Phipps at his residence in Smokey Creek.
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