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Post by Anja Nieser on Sept 14, 2006 11:41:15 GMT -5
Holton's lawyers ask to stay execution set for next week
In Nashville, lawyers for Tennessee death-row inmate Daryl Keith Holton have filed a motion with the 6th U.S. Circuit Court of Appeals to stay his execution scheduled for Tuesday.
Stephen Ferrell, a federal public defender for Holton, said on Wednesday that he also appealed a ruling last week from U.S. District Judge Thomas Phillips that Holton's case didn't merit a full evidentiary hearing on his competency.
Ferrell said the Tennessee attorney general's office has until this morning to respond to the appeal.
Holton could become the 1st prisoner to die in Tennessee's electric chair in 46 years.
The Shelbyville man, who is scheduled to be executed at 1 a.m. CST Tuesday, has asked to be executed by electric chair instead of lethal injection.
Holton shot and killed his three young sons and his ex-wife's daughter in 1997. The Gulf War veteran said he was suffering from severe depression when he killed the children.
Under Tennessee law, death-row inmates can choose between the electric chair and lethal injection if their crimes were committed before 1999.
(source: Associated Press)
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