FILE - This photo provided by the Texas Department of Criminal Justice shows Jedidiah Murphy. On Monday, Oct. 9, 2023, the 5th U.S. Circuit Court of Appeals upheld a judges order from the prior week that had delayed the execution. Murphy's lawyers are seeking DNA testing of evidence related to his 2001 trial. – Texas moved ahead with preparations to execute a condemned inmate on Tuesday in the hopes that the U.S.
Murphy admits that he killed Cunningham, who was from the Dallas suburb of Garland. But he denies that he committed two robberies and a kidnapping that prosecutors used to persuade jurors during the penalty phase of his trial that he would pose a future danger — a legal finding needed to secure a death sentence in Texas.
“A capital inmate who waits until the eleventh hour to raise long-available claims should not get to complain that he needs more time to litigate them,” the attorney general’s office wrote in its petition to the high court. Last week, the Texas Board of Pardons and Paroles unanimously declined to commute Murphy’s death sentence to a lesser penalty or grant a six-month reprieve.
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