Why the State of Texas is moving forward with the execution despite the fact that there is significant DNA evidence that has not been tested despite numerous appeals filed by his attorneys to have the evidence tested

7.29 p.m  Stay granted to Anthony Bartee, scheduled for execution tonight. The Fifth Circuit Court of Appeals has ordered additional briefing, due May 8th. Congrats to attorneys David Dow and Jeff Newberry for their spectacular work! source : Texas Defender Service

7 p.m.  no word yet from the Fifth U.S. Circuit Court of Appeals about whether they will affirm or overturn Anthony Bartee’s stay of execution.

EXECUTION WATCH IS ON THE AIR  6pm-7pm

HUNTSVILLE, Texas — Anthony Bartee remains in limbo as a federal appeals court mulls over a challenge of a court order delaying his execution tonight.

The Fifth U.S. Circuit Court of Appeals continued to consider the challenge even as the scheduled time of Bartee’s execution passed.

UPDATE : 4:44 pm CDT 

PROSECUTOR CHALLENGES BARTEE’S STAY

By Execution Watch

HUNTSVILLE, Texas — The prosecutor’s office that obtained the death sentence against Anthony Bartee is doing its best to see that it is carried out tonight.

The Bexar County District Attorney’s Office has asked the Fifth U.S. Circuit Court of Appeals to throw out the stay issued by U.S. District Judge Fred Biery in San Antonio, a spokesman for Texas Attorney General Greg Abbott said.

The district attorney’s brief is before appeals court now.

UPDATE 4:20 PM CDT 

BARTEE WINS STAY

By Execution Watch

HUNTSVILLE, Texas — Anthony Bartee received a stay of execution this afternoon with about two hours to spare.

A federal judge in San Antonio granted Bartee’s request to put off the execution so he may press his claim that further testing of crime-scene evidence should be done and that it would point to his innocence.

It remains to be seen whether the stay can and will be challenged by the state in time to proceed with its plan to put Bartee to death tonight.

The execution was scheduled for a little after 6 p.m., but the document ordering the execution generally allows it to be carried out up until shortly before midnight.

In granting the stay, U.S. District Judge Fred Biery said Bartee “has shown a significant possibility of success on the merits.”

Bartee’s execution would be the 244th execution conducted under the administration of Rick Perry.

Anthony Bartee, 55, still has an appeal pending with the U.S. Supreme Court seeking further genetic testing of the crime scene evidence, and his attorneys filed a federal civil rights lawsuit in San Antonio on Wednesday over the same issues. The execution by lethal injection is scheduled for 6 p.m. CDT today. One of TMN’s Facebook page members is traveling to Huntsville today from Austin to protest the execution.

BARTEE SUES BEXAR COUNTY D.A., ASKS FOR STAY
By Execution Watch
HUNTSVILLE, Texas — Anthony Bartee, slated to be put to death this evening, filed a civil rights lawsuit today against the Bexar County District Attorney in U.S. District Court in San Antonio, a spokesman for Texas Attorney General Greg Abbott said.

Bartee also asked the federal panel to put his execution on hold. The next step for the court is to assign a judge.

The Texas Court of Criminal Appeals today denied Bartee’s request for a stay, affirming the trial court’s ruling that the results of recent DNA tests probably would not have persuaded a jury to acquit him if they had been available as evidence at trial.

Bartee appealed to the U.S. Supreme Court to delay his execution. The stay application joined a pending request for the high court to review his case.

Abbott urged the Supreme Court to reject the request for a stay, asking that the execution be allowed to go forward as planned.

If the state proceeds with its plan to execute Bartee, Execution Watch will broadcast live coverage and commentary starting at 6 p.m. Central Time on KPFT FM 90.1 in Houston and worldwide at http://executionwatch.org/ > Listen.

Source : Texas Court

Case Information:

Case Number: AP-76,783 Date Filed: 4/30/2012 Case Type: DNA Style: BARTEE, ANTHONY v.:

Case Events:

	Date	Event Type	Description
	4/30/2012	BRIEF FILED	Appellant
	4/30/2012	AFFIDAVIT FILED	Appellant
	4/30/2012	DP BEGIN DNA	Appellant
	4/30/2012	NOTICE OF APPEAL	Appellant
	4/30/2012	STAY OF EXECUTION	Appellant
	4/30/2012	AFFIDAVIT FILED	Appellant

Calendars:

	Set Date	Calendar Type	Reason Set
	4/30/2012	STATUS	STATE’S BRIEF DUE

Parties:

	Party	Party Type
	TEXAS, STATE OF	State
	BARTEE, ANTHONY	Appellant

Court of Appeals Case Information:

COA Case Number: COA Disposition: Opinion Cite: Court of Appeals District:

Trial Court Information:

Trial Court: 175th District Court County: Bexar Case Number: 1997-CR-1659 Judge: MARY ROMAN Court Reporter:

 Hint: Click on the folder icons above for more case information.

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