Federal judge won’t stop Texas execution

HUNTSVILLE, Texas (AP) – The Latest on the Texas execution (all times local):

11:15 a.m. A federal judge has turned down an appeal from a 34-year-old Texas prisoner set for execution for the 2004 fatal shooting of a San Antonio convenience store owner. Attorneys for Christopher Young argued that his punishment set for Tuesday evening should be halted because the Texas parole board improperly rejected their request for clemency for Young because he is black. A white Texas inmate earlier this year avoided execution when the board recommended clemency. Houston-based U.S. District Judge Keith Ellison says the case “dramatizes much of what is most troubling” about procedures for executions but courts have held that petitioners don’t have a right to a reprieve and finding evidence to show discrimination has occurred “is well-nigh impossible.” Young’s attorneys say they’ll appeal the ruling to the 5th U.S. Circuit Court of Appeals. His lawyers also have asked Texas Gov. Greg Abbott to grant a one-time 30-day reprieve for Young.

12 a.m. A Texas death row inmate is set for execution as lawyers argue in the courts that the state parole board improperly refused his clemency request because he’s black. Christopher Young was set for execution Tuesday evening for fatally shooting a San Antonio convenience store owner during an attempted robbery in 2004. The 34-year-old Young doesn’t deny the slaying but insists he was drunk and didn’t intend to kill 53-year-old Hasmukh “Hash” Patel. Young’s attorneys have sued the Texas Board of Pardons and Paroles for rejecting a clemency plea, arguing a white Texas inmate received a rare commutation earlier this year. Young is black and his attorneys contend race “appears to be the driving force” in the case. State lawyers say the last-ditch appeals are a delay tactic, improper, speculative and legally and factually deficient.

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