Texas is scheduled to execute Jamaal Howard on Wednesday. This would be the first U.S. execution since a failed lethal injection attempt in Tennessee last week. Howard, 46, was convicted of capital murder in 2001 for the robbery and fatal shooting of 42-year-old convenience store clerk Vickie Swartout in Silsbee.
Legal Challenges Regarding Lethal Injection Safety
Howard’s legal team has filed emergency motions to halt the execution, citing concerns about the state’s supply of pentobarbital. These appeals follow the recent botched execution of Christa Pike in Tennessee, where the sedative failed to induce death, leaving the inmate conscious and in severe physical distress.
Howard’s attorneys argue that the Texas Department of Criminal Justice (TDCJ) may be holding degraded or expired pentobarbital. In a motion filed with the Texas Court of Criminal Appeals, defense lawyers stated that the state has refused to provide transparency regarding the history and testing of its drug stock, mirroring the circumstances that preceded the failure in Tennessee.
Intellectual Disability Claims
Beyond drug safety, Howard’s defense team has challenged his eligibility for the death penalty based on his mental capacity. Citing a 2002 U.S. Supreme Court ruling, his lawyers argue that Howard was intellectually disabled at the time of the crime. Under the Eighth Amendment, the execution of individuals with intellectual disabilities is prohibited. However, competency hearings prior to his 2001 trial previously determined that Howard was fit to stand trial.
Context of Texas Executions
If the execution proceeds, Howard will be the seventh man executed in Texas in 2026. The state has increasingly relied on compounded pentobarbital because major pharmaceutical manufacturers refuse to supply drugs for capital punishment. This practice has faced ongoing legal scrutiny, including a 2023 attempt by a Travis County judge to block the use of the drug, which was later overturned by the Texas Court of Criminal Appeals.
Current Status of Appeals
- State Level: The Texas Court of Criminal Appeals denied Howard’s latest appeal on Monday.
- Federal Level: A request for a stay of execution is pending before the U.S. Supreme Court.
- Governor’s Office: Howard’s legal team has petitioned Governor Greg Abbott for a 30-day reprieve to allow for a review of the state’s execution drug protocols.
As of Wednesday morning, Texas officials have not commented on the specific safety concerns raised by the defense. The state maintains that its procedures for carrying out death sentences remain within its statutory authority.
