The United States Supreme Court on Tuesday morning granted a temporary stay of execution to Cleve Foster, a former Army recruiter convicted of killing a woman he met in a Fort Worth bar who was scheduled to be executed Tuesday evening in Texas. It is the second time he has been spared hours before his appointed death by the Supreme Court.
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The reprieve, in place while the court examines the case of Mr. Foster, 47, is based on whether he received adequate counsel during the course of the case, as well as questions related to his guilt, said Maurie Levin, one of Mr. Foster’s lawyers.
Ms. Levin has also challenged the execution of Mr. Foster based on one of the drugs that is to be used to kill him.
“I’m thrilled that the Supreme Court stayed Mr. Foster’s execution, and we hope they will be looking at the issues raised, including effective Habeus counsel and Mr. Foster’s claims of innocence,” Ms. Levin said. “I am also relieved that at least today that we will not be seeing an execution in the midst of the chaos surrounding questions about lethal injection.”
Mr. Foster, 47, a veteran of the Persian Gulf war of 1991, was convicted in 2004 of killing Nyanuer Pal, 28, a Sudanese immigrant who was known as Mary. Mr. Foster’s roommate, who was also convicted in the murder, died in prison last year