The U.S. Supreme Court has denied James Broadnax's final appeal to temporarily stop his execution set for 6 p.m.Thursday in Huntsville.
James Broadnax, 37, is scheduled to die by lethal injection for the 2008 robbery and murders of Christian music producers Stephen Swan, 26, and Matthew Butler, 28, in Garland.
The Supreme Court update states "Application (25A900) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is denied as moot."
A single legal request remains to spare Broadnax — a 30-day reprieve from Governor Greg Abbott.
Broadnax's legal team on Tuesday requested from Texas Governor Greg Abbott a 30-day reprieve.
Attorneys could learn the response when the public does, not before.
"...The team is hoping to hear from Texas Governor Abbott on our urgent request for a 30-day reprieve of his sentence, based on the compelling new evidence that has yet to be examined, including the confession by Mr. Cummings," legal team spokesperson Allan Ripp said in a written statement.
His cousin, Demarius Cummings, recently confessed to being the shooter.
Cummings confessed in a sworn statement last month that he convinced Broadnax, then 19, to take the blame for the shooting while they were both high on PCP and marijuana. Cummings decided to come clean after finding out two months ago that Broadnax was scheduled to die, he said.
The Texas Board of Pardons and Paroles this week denied Broadnax clemency.
"Although the Texas Board of Pardons declined our formal petition for clemency, that effort has generated extraordinary grassroots support for James, including a separate online petition that has drawn more than 80,000 signatures as well as a letter for mercy signed by more than 60 religious and faith leaders across Texas," Ripp's statement says."
The Texas Court of Criminal Appeals ruled earlier this month it would not consider the confession as a reason to pause Broadnax's execution.
Broadnax, who is Black, alleged in Supreme Court filings that prosecutors using his lyrics as evidence in the sentencing phase of his trial and characterizing the music as "gangster rap" was racially biased. The issue attracted support from rappers like Young Thug and Travis Scott, the latter of whom wrote in an amicus brief that lyrics in the genre shouldn't always be interpreted literally.
Separated by a clear panel, Broadnax married Tiana Krasniqi, a British-based law school graduate, on April 14 at the Allan B. Polunsky Unit in Livingston, Texas.
Prayer vigils were planned in Dallas and Fort Worth and across Texas Thursday, including in Huntsville, Austin, El Paso and San Antonio.
This is a developing story that will be updated throughout the day.
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