"A federal appeals court has temporarily halted Thursday's scheduled execution of Texas death row inmate Edward Busby, citing concerns over his eligibility for capital punishment because of intellectual disability. The 2-1 decision by the 5th U.S. Circuit Court of Appeals is in place "pending further order" of the court. Busby argued that a federal district court improperly denied the inmate's request for funding to test him for intellectual disability. The appeal also provided two new tests from experts, including one provided by the state, that his lawyers argue prove Busby is intellectually disabled."
"Defendants determined to be intellectually disabled are ineligible for execution under Eighth Amendment protections against cruel and unusual punishment. Busby was sentenced to death out of Tarrant County in 2005 for the kidnapping and murder of 78-year-old Laura Crane after he robbed her and suffocated her by wrapping her face with tape."
"Judge Stephen Higginson ruled in favor of a temporary stay of execution, arguing that Busby's appeal could be significantly shaped by a pending U.S. Supreme Court ruling in a separate case. That case, originating from Alabama, could determine how courts consider the cumulative effect of multiple IQ tests in determining a defendant's eligibility for the death penalty."
A federal appeals court temporarily stopped Edward Busby’s scheduled execution in Texas, citing concerns about whether he is eligible for capital punishment due to intellectual disability. The 2-1 decision remains in effect pending further court order. Busby argued that a federal district court improperly denied funding to test him for intellectual disability. The appeal included two new expert tests, including one provided by the state, which his lawyers say show he is intellectually disabled. People found intellectually disabled are ineligible for execution under Eighth Amendment protections against cruel and unusual punishment. Busby was sentenced to death in 2005 for kidnapping and murder after a robbery and suffocation of Laura Crane.
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