DALLAS – Lawyers for Jamaal Howard, a 46-year-old death row inmate, filed an emergency request for a stay of execution with the Texas Court of Criminal Appeals. The motion cited the recent failed execution of Christa Pike in Tennessee, arguing that Texas’s supply of pentobarbital may be degraded and carry similar risks of failure.
The filing follows the September 30 incident in Tennessee, where Pike survived two doses of pentobarbital and required hospitalization. Howard’s defense team contends that Texas execution drugs are likely past their recommended “beyond-use” dates as defined by standard pharmacopeia guidelines.
Concerns Over Lethal Injection Drugs and Transparency
In their Wednesday filing, Howard’s attorneys noted that the Texas Department of Criminal Justice recently asked the Texas Attorney General if it was legally required to disclose details regarding its pentobarbital supply. Although the state had previously disclosed this information for years, the pending legal opinion was not expected until after Howard’s scheduled execution. This delay effectively prevented defense attorneys from challenging the safety of the drugs.
“There is a similar risk that Texas’s execution drugs are likewise degraded, as they are far past the original beyond-use dates that the pharmacopeia allows for drugs of this kind,” the defense wrote. The Texas Court of Criminal Appeals denied the stay request without providing an explanation.
Background of the Capital Murder Case
Jamaal Howard was convicted of the 2000 murder of Vickie Swartout, a 42-year-old convenience store clerk in Silsbee, Texas. Surveillance footage presented at trial showed Howard, then 20, shooting Swartout during a robbery that resulted in the theft of $114 and a carton of cigarettes.
Beyond the concerns regarding lethal injection drugs, Howard’s defense has argued that he is intellectually disabled and therefore exempt from the death penalty. While the U.S. Supreme Court prohibited the execution of intellectually disabled individuals in 2002, states maintain discretion over the evidentiary standards for such claims. Howard also filed a separate appeal with the U.S. Supreme Court to halt the procedure.
National Context on Executions
Howard’s scheduled execution was the seventh in Texas and the 30th nationwide in 2026. Florida has conducted the most executions this year with 16. Following the complications in the Pike case, Tennessee Governor Bill Lee paused the state’s remaining scheduled executions for the year.
Texas officials have not issued a public comment regarding the defense’s motion or the status of the state’s drug supply.
