A Texas man who unsuccessfully challenged the safety of the state's lethal injection drugs and raised questions about evidence used to persuade a jury to senten
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 judgeâs order from the prior week that had delayed the execution. Murphy's lawyers are seeking DNA testing of evidence related to his 2001 trial. ce him to death for killing an elderly woman decades ago was executed late Tuesday.
After telling the warden he was ready, Murphy turned his head toward a friend watching through a window a few feet from him, telling her, "God bless all of y'all. It's OK. Tell my babies I love them.
But the state attorney general's office appealed the 5th Circuit's decision, with the Supreme Court ruling in Texas' favor. Prosecutors had 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 had said another case before it that was brought by a different Texas death row inmate raised similar issues and it was best to wait for a ruling in that case.
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