Texas death-row inmate Robert James Campbell will take his fight to stop Tuesday night’s lethal injection to the U.S. Supreme Court, a spokeswoman for his legal team said.
The 5th U.S. Circuit Court of Appeals shot down Campbell’s challenge to the state’s execution-drug secrecy policy, so he plans to ask the nation’s highest court to intervene with just hours to go before he’s strapped to a gurney and given a deadly dose of pentobarbital.
His lawyers are also arguing that his IQ is so low it should make him ineligible for capital punishment. The state counters that while his scores are near the cutoff, they don’t establish him as mentally retarded.
Campbell, 41, is on death row for the 1991 rape and murder of bank teller Alejandra Rendon, 20. More Update: Texas death row inmate gets stay over intellectual disability
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