HOUSTON (CBSDFW.COM/AP) — An appeals court has granted a stay of execution for a Texas inmate who was facing lethal injection next week for killing his pregnant ex-girlfriend and her 7-year-old son in 2005.

Stephen Barbee (Credit Texas Dept. Of Criminal Justice)

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The Texas Court of Criminal Appeals on Tuesday ruled Stephen Barbee’s case should be reviewed after he claimed his trial attorneys went against his wishes and conceded his guilt to jurors.

Barbee was set for execution on Oct. 2.

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Lisa Underwood and her son, Jayden, were suffocated at their Fort Worth home. Barbee confessed to police that he committed the killings but later recanted, saying the confession was coerced.

Prosecutors said Barbee didn’t want his wife to know Underwood was pregnant, presumably by him. DNA evidence subsequently revealed Barbee wasn’t the father.


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