Texas
4:19 pm
Tue September 20, 2011

U.S. Supreme Court Stays Cleve Foster Execution

For the second time in a week, the U.S. Supreme Court has temporarily stayed an execution in Texas.

Cleve Foster, a former Army recruiter, was scheduled to die this evening for the 2002 rape and murder of 28 year-old Nyanuer Pal, of Fort Worth. Foster's co-defendant died in prison last year.

This is the third time the high court has halted Foster's execution. Lawyers have argued he received ineffective counsel during his trial and earlier appeals.

"It all goes back to a claim that trial counsel failed to raise issues regarding Cleve's innocence, specifically expert evidence that would have undermined the heart of the state's case," said Maurie Levin, Foster's attorney.

Levin says the temporary stay comes as the Supreme Court prepares to hear arguments in another case that raises questions similar to Foster's.

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