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Thursday, November 12, 2026Nov 12

Lawyers want Supreme Court to block Texas from executing man

FILE - This undated file photo provided by the Texas Department of Criminal Justice shows Robert Pruett, who is facing lethal injection Thursday, Oct. 12, 2017, for the death of a corrections officer at a South Texas prison in December 1999 . Pruett was there serving a 99-year sentence for another slaying. (Texas Department of Criminal Justice via AP, File)
FILE - This undated file photo provided by the Texas Department of Criminal Justice shows Robert Pruett, who is facing lethal injection Thursday, Oct. 12, 2017, for the death of a corrections officer at a South Texas prison in December 1999 . Pruett was there serving a 99-year sentence for another slaying. (Texas Department of Criminal Justice via AP, File) FILE - This undated file photo provided by the Texas Department of Criminal Justice shows Robert Pruett, who is facing lethal injection Thursday, Oct. 12, 2017, for the death of a corrections officer at a South Texas prison in December 1999 . Pruett was there serving a 99-year sentence for another slaying. (Texas Department of Criminal Justice via AP, File)

HUNTSVILLE, Texas (AP) – Attorneys for an inmate convicted in a prison guard’s death are asking the U.S. Supreme Court to halt his Thursday evening execution.

Robert Pruett’s lawyers want justices to review whether lower courts properly denied a federal civil rights lawsuit that sought additional DNA testing in the case. They are also questioning whether a prisoner who claims actual innocence, as Pruett does, can be put to death.

Pruett, 38, was already serving 99 years in prison for a neighbor’s killing when he was convicted in the December 1999 death of Daniel Nagle, a corrections officer at a prison southeast of San Antonio. Nagle was repeatedly stabbed with a tape-wrapped metal rod, though an autopsy showed the assault caused a heart attack that killed him.

If the execution is carried out Thursday, Pruett would be the sixth prisoner executed this year in Texas, which carries out the death penalty more than any other state. Texas put seven inmates to death last year. His execution would be the 20th nationally, matching the U.S. total for all of 2016.

Pruett avoided execution in April 2015, when a state judge halted his punishment just hours before he could have been taken to the death chamber. His lawyers had convinced the judge that new DNA tests needed to be conducted on the steel rod used to stab the 37-year-old Nagle.