Wednesday, April 6, 2011

Texas Man Receives Stay of Execution for Second Time


Texas is the state that leads the nation in the number of executions it carries out every year, a status for which it is both admired and condemned, depending on one's opinion of the death penalty. However, the United States Supreme Court has agreed to consider arguments against a Fort Worth's man execution in a case that could lead to revisiting the status of many other men and women on death row.

The execution of Cleve Foster, who was convicted of a rape and murder that took place in 2002, was delayed just hours before he was set to die when the Court decided to review evidence that Foster's attorneys in both his original trial and during the appeals process failed to provide adequate representation. This is the second time that the U.S. Supreme Court has issued such a stay, the first one taking place just minutes before Foster's scheduled execution in January .

At the same time, the Texas Supreme Court is reviewing a motion by Foster's attorneys concerning the drugs that are used in the three-drug cocktail used to put prisoners to death. In particular, they are concerned with the newly included pentobarbital, a drug that is typically used in euthanasia for animals. If our state's Supreme Court agrees with the protests raised against this drug, the ruling will impact many others who are awaiting that ultimate sentence on death row.

If you have been accused of the most serious of crimes, or you already have been convicted but maintain your innocence, the criminal defense attorneys at Bertolino LLP can help. We are experienced lawyers who are committed to keeping up with court decisions and legislative actions that affect crime and punishments. We will fight for your rights in court and be by your side through the appeals process if your previous representation failed you. Please contact our Austin, Houston, or San Antonio office today.

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