Federal appeals court clears way for Texas execution


FILE – This May 27, 2008, file photo, shows the gurney in the death chamber in Huntsville, Texas. Three states resumed executions of death row inmates in 2018 after long breaks, but nationwide, executions remained near historic lows this year, according to an annual report on the death penalty released Friday, Dec. 14, 2018.(AP Photo/Pat […]

BROWNSVILLE, Texas (AP) — A federal appeals court has cleared the way for a Texas man to be executed next week for the 1998 fatal stabbing of an 85-year-old woman, though his lawyer says he’ll appeal.

Ruben Gutierrez is scheduled to die Tuesday for the killing of Escolastica Harrison at her home in Brownsville, which is in Texas’ southern tip along the border with Mexico.

Prosecutors say the killing was part of an attempt to steal more than $600,000 that the woman had hidden in her home.

A panel of three judges on the New Orleans-based Fifth Circuit Court on Friday overturned a lower court’s decision to stay the 43-year-old’s execution. 

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