Ronald Smith's fate is no longer in the hands of Montana Gov. Brian Schweitzer who left office Monday without a decision on the inmate's clemency bid.
The outgoing governor of Montana was to make a final decision about whether Smith, Canada's only inmate on death row, will be executed or have his sentence commuted to life in prison.
In May, based on observations, evaluations and testimony during his hearing, the Board of Pardons and Parole recommended to Schweitzer to reject his final clemency bid.
American Civil Liberties Association lawyer Ron Waterman said he was informed Monday morning by the Governor's office that Schweitzer was not going to take any action.
