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High court stops lethal injection on execution day
By Associated Press
Published: 11/19/2004

For a second time this year, condemned inmate Troy Kunkle avoided the Texas death chamber when the U.S. Supreme Court stopped his scheduled execution the same day he was supposed to receive a lethal injection.
About 40 minutes after he could have been put to death at 6 p.m. Thursday night, Texas Department of Criminal Justice officials in Huntsville received confirmation that the high court indefinitely had blocked the punishment.
The vote from the court was 5-4 on an appeal in which Kunkle's lawyers were seeking a review of the case, arguing jurors who decided in February 1985 that he should be condemned were not allowed to fully consider Kunkle's troubled background in their deliberations.
The justices in July also blocked the execution, although the ruling in his case then came about nine hours before he was scheduled to die.
The same court last month had refused to review his case, clearing the way for Thursday night's scheduled execution.
Kunkle was in a small holding cell next to the Texas death house when he received the word. He was condemned for a fatal shooting in Corpus Christi 20 years ago.


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