The Latest: Federal appeals court stops Texas execution

This undated handout photo provided by the Texas Department of Criminal Justice shows John David Battaglia. Enraged over his ex-wife going to police about his repeated harassment and likely arrest, Battaglia used a May 2001 visit with their two young daughters to avenge his anger. As their mother helplessly listened on the phone to one of the girls’ cries, he fatally shot them both at his Dallas apartment. On Wednesday, March 30, 2016, Battaglia is set for lethal injection for the slayings. (Texas Department of Criminal Justice via AP) This undated handout photo provided by the Texas Department of Criminal Justice shows John David Battaglia. Enraged over his ex-wife going to police about his repeated harassment and likely arrest, Battaglia used a May 2001 visit with their two young daughters to avenge his anger. As their mother helplessly listened on the phone to one of the girls’ cries, he fatally shot them both at his Dallas apartment. On Wednesday, March 30, 2016, Battaglia is set for lethal injection for the slayings. (Texas Department of Criminal Justice via AP)

By Associated Press March 30, 2016 2 min read

HUNTSVILLE, Texas (AP) – The Latest on Texas Execution (all times local):

11 a.m.

A federal appeals court has stopped the scheduled lethal injection of a former accountant set to die for gunning down his two young daughters in Dallas 15 years ago while his ex-wife – their mother – was listening helplessly on the phone.

Attorneys for 60-year-old John David Battaglia argued he deserved a court-appointed attorney to investigate and a fair hearing to determine claims he may be mentally incompetent for execution.

The 5th U.S. Circuit Court of Appeals agreed, halting the punishment about seven hours before Battaglia could have been taken to the Texas death chamber Wednesday evening.