AUSTIN, Texas (CBSDFW.COM/AP) — A Texas appeals court has delayed a second execution this year to review claims that an inmate is intellectually disabled and thus ineligible for the death penalty.
The Texas Court of Criminal Appeals on Wednesday granted a request by attorneys for Edward Lee Busby to stay his execution, which had been scheduled for Feb. 10.READ MORE: Former Dallas Police Chief Renee Hall Explains Why No Action Was Ever Taken Against Officer Bryan Riser, Now Charged With Capital Murder
Busby’s attorneys have argued he has shown “significant limitations in intellectual functioning.”
The U.S, Supreme Court in 2002 barred the execution of intellectually disabled people, but it has given states some discretion to decide how to determine such disabilities.
Busby’s execution would have been the first in the state this year after the appeals court last month delayed the Jan. 21 lethal injection of Blaine Milam to review his intellectual disability claims.READ MORE: Gov. Greg Abbott Responds To Criticism For Ending Mask Mandate, Fully Reopening Texas: 'There's Never Going To Be Uniform Agreement On This'
Busby, 48, was condemned for the 2004 suffocation of retired 77-year-old Texas Christian University (TCU) professor Laura Lee Crane, who was abducted in Fort Worth and whose body was later recovered in Oklahoma.
Texas’ first execution of 2021 is now set for March 4, with Ramiro Ibarra set to receive a lethal injection for the 1987 sexual assault and strangulation of a 16-year-old girl in Waco.
(© Copyright 2021 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)MORE NEWS: Visit Fort Worth Launches Campaign Promoting Businesses That Encourage Mask-Wearing
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