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| Supreme Court Declines to Delay Execution of Texas Inmate |
| By Associated Press |
| Published: 11/07/2002 |
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The Supreme Court refused to halt the execution of a Texas death row inmate whose lawyers argue was mentally ill and unable to assist in his defense at his murder trial. James Colburn, 42, was convicted of killing a woman in his home in 1994 and has been diagnosed as a paranoid schizophrenic. His execution is scheduled Wednesday. The Supreme Court declared in June that executing mentally retarded murderers is unconstitutionally cruel. But the justices have refused blanket protection for all mentally ill people. 'It shows that there is a long way to go in the fight for rights of people who suffer from mental illness,' Colburn's lawyer James Rytting, said of Tuesday's decision. Rytting contends Colburn was so heavily sedated during his trial that he slept through much of it. Colburn was convicted in the slaying of Peggy Louise Murphy, a 55-year-old hitchhiker. Colburn invited her into his house, tried to rape her, then choked and stabbed her. Colburn said he was hearing voices at the time and when he realized what he had done, he turned himself in. Seven high court justices voted against halting the execution. Justices John Paul Stevens and Ruth Bader Ginsburg voted for a stay. |

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