AUSTIN, Texas (CBSDFW.COM/AP) — A Texas appeals court delayed Tuesday’s scheduled execution of a man convicted in the December 2008 killing of his girlfriend’s 13-month-old daughter during what the couple had said was part of an “exorcism.”

The Texas Court of Criminal Appeals on Monday granted the stay for Blaine Milam.

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Blaine Milam (courtesy: TDCJ)

Milam’s attorneys say his conviction was based on “now discredited” bite mark evidence. They also argue he is intellectually disabled and therefore ineligible for execution.

The appeals court says it granted the stay due to recent changes in the science tied to bite mark comparisons and to changes in the law related to intellectual disability.

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The 29-year-old Milam would have been the first inmate put to death this year both in the U.S. and in Texas.

Milam’s girlfriend, Jesseca Carson, was also convicted of capital murder and sentenced to life in prison without parole.

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