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 judge’s order from the prior week that had delayed the execution. Murphy's lawyers are seeking DNA testing of evidence related to his 2001 trial. HOUSTON — — The execution of a Texas inmate condemned for fatally shooting an 80-year-old woman more than two decades ago was set to proceed Tuesday evening after the U.S.
While awaiting the high court’s decisions, Texas prison officials carried out normal procedures with Murphy that are followed on the day of an execution, including final visits, said Amanda Hernandez, a spokeswoman for the Texas Department of Criminal Justice. Prosecutors have argued against the DNA testing, saying state law only allows for post-conviction testing of evidence related to guilt or innocence and not to a defendant’s sentence. They also called Murphy’s request for a stay “manipulative” and say it should have been filed years ago.
In upholding the execution stay, the 5th U.S. Circuit Court of Appeals said another case before it that was brought by a different Texas death row inmate raises similar issues and that it was best to wait for a ruling in that case.
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