Posted: Sep 27, 2013 2:48 PM
Source: Associated Press
NEW ORLEANS- The state Supreme Court has vacated a November 5 execution date for a man convicted of fatally beating and scalding his 6-year-old stepson in 1992.
The state's highest court ruled that a state judge in Mansfield erred in setting the execution date when a federal appeals court still had jurisdiction over Christopher Sepulvado's case.
A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled last month that U.S. District Judge James Brady abused his discretion when he stayed a Feb. 13 execution date for Sepulvado.
But the panel's ruling hasn't become final yet because Sepulvado's lawyer, Gary Clement, had until Friday to challenge the decision.
Clement on Thursday filed a request for the full 5th Circuit to review the panel's ruling.