The U.S. Supreme Court has granted a stay to Cleve Foster (scheduled for execution in Texas tonight, April 5) pending the disposition of his petition for rehearing the order denying cert in January. That petition raised issues regarding the constitutional adequacy of state habeas counsel and related claims of innocence and ineffective assistance of counsel. This is the second time that Foster has received a stay from the Supreme Court. His lawyers now have 30 days to petition for a rehearing on the issue.
The Supreme Court order is at:
Please note that this stay does not address the issues related to the new lethal injection protocol raised by Foster’s attorneys. It will provide them with more time to challenge changes to the process, however .
Read some of the media coverage:
New York Times: http://www.nytimes.com/2011/04/06/us/06lethal.html
Austin American Statesman: http://www.statesman.com/news/texas/texas-death-row-inmate-gets-reprieve-1378507.html
Fort Worth Star-Telegram: http://www.star-telegram.com/2011/04/05/2977888/supreme-court-again-blocks-execution.html