Texas Court Denies Stay of Execution Following Botched Tennessee Procedure

A Texas court on Wednesday denied a request to stop the execution of Jamaal Howard, an inmate sentenced for the 2000 murder of a convenience store clerk. Howard’s legal team had sought to halt the procedure, citing the recent failed execution of Christa Pike in Tennessee.

According to CBS News, Pike survived two doses of pentobarbital last week. Her attorneys reported that the execution was marred by issues including blown veins, degraded drugs, and a lack of emergency medical care. Following the survival of that attempt, Howard’s defense argued that the pentobarbital intended for his execution posed similar risks, alleging that Texas’s supply may also be degraded beyond recommended use dates.

The Texas Court of Criminal Appeals denied the request for a stay and a subsequent appeal regarding the lethal drug without providing specific reasons. The U.S. Supreme Court also denied a late appeal from Howard on Wednesday evening without comment.

Howard was convicted for the 2000 shooting of 42-year-old Vickie Swartout during a robbery in Silsbee, Texas. Surveillance video presented at his trial showed the then-20-year-old shooting the clerk. His attorneys had additionally argued that Howard is intellectually disabled and that the state had failed to provide requested information regarding the lethal dose of pentobarbital it planned to use. The state contested the claims of intellectual disability, stating Howard had not provided sufficient evidence to meet the requirements.

While Pike remains hospitalized under medical care, Tennessee Governor Bill Lee has paused remaining executions in that state for the rest of the year. Texas has carried out six executions so far this year. Looking ahead, an execution for former Army Maj. Nidal Hasan is scheduled for December 3, which is expected to be carried out by a military firing squad.