A federal appeals court has upheld a ruling delaying the execution of a Texas inmate who had been scheduled to receive a lethal injection this week for fatally shooting an 80-year-old woman more than two decades ago
HOUSTON — — A federal appeals court on Monday upheld a ruling delaying this week's scheduled execution of a Texas inmate for fatally shooting an 80-year-old woman more than two decades ago.
The 5th U.S. Circuit Court of Appeals on Monday upheld the judge's order. The three-judge panel said that another case before the appeals court that was brought by a different Texas death row inmate raises similar issues. Murphy’s attorneys have questioned evidence of two robberies and a kidnapping used by prosecutors during the punishment phase of his trial to convince jurors who had already convicted him of capital murder that he would be a future danger, a legal finding needed to impose a death sentence.
“It is difficult for the Court to conclude that the negation of this evidence would not have affected the jury’s decision in the punishment phase,” U.S. District Court Judge Robert Pitman wrote in his Friday order granting the stay of execution.
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