High court delays Texas execution

Sept. 20, 2011 at 8:32 PM
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FORT WORTH, Texas, Sept. 20 (UPI) -- The U.S. Supreme Court Tuesday blocked the execution of Cleve Foster hours before the Texas death row inmate was scheduled to be executed.

It was the second time this week the high court issued a stay of execution on the day an inmate was to be put to death.

Foster, 47, a former U.S. Army recruiter, was convicted of raping and murdering a woman he had met at a Fort Worth, Texas, bar in 2002. He has insisted a man who was with him at the time was the killer.

In issuing the stay of execution, the Supreme Court said it needed more time to evaluate the question of whether to consider Foster's appeal, the Los Angeles Times reported.

The court has already blocked Foster's execution twice this year -- both times because of contention about the drugs Texas would use to carry out the death sentence. In June, the court denied a defense request to rehear Foster's case based on claims he had poor post-conviction legal help.

The court last week stay of execution for Duane Buck, less than 2 hours before he was scheduled to die. Buck's lawyers argued the penalty phase of his murder trial was tainted by testimony from a psychologist who argued black killers are more likely to kill again.

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