Texas prepares for inmate's execution Tuesday in hopes that Supreme Court allows it to happen

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A federal judge in Austin issued a stay last week after the convicted murderer's lawyers filed a lawsuit seeking DNA testing of evidence presented at his 2001 trial.

Texas moved ahead with preparations to execute a condemned inmate on Tuesday in the hopes that the U.S. Supreme Court would lift a lower court's stay and allow the lethal injection to proceed.

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.

Prosecutors say the state presented "significant other evidence" to show that Murphy posed a future danger.

 

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