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HUNTSVILLE (AP) — The Texas Attorney General’s Office is appealing a federal judge’s decision to give a reprieve to a 32-year-old man who had been set to die Thursday for the 2004 robbery-slaying of a convenience store worker in Corpus Christi.

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U.S. District Judge Neeva Gonzales Ramos on Tuesday halted the scheduled execution of John Henry Ramirez, who was convicted of killing 45-year-old Pablo Castro. Castro was robbed of $1.25.

Ramirez wants a new attorney to file a clemency petition and investigate claims his previous lawyer was deficient. Ramirez had ordered his previous lawyer to not file a clemency petition.

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Ramos ruled there wasn’t enough time to adequately consider the request before Ramirez’s scheduled lethal injection, so she stopped the execution.

State attorneys are appealing to the 5th U.S. Circuit Court of Appeals.

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