Lawyers for Jamaal Howard, a Texas inmate scheduled for execution Wednesday, are seeking to stay his lethal injection, citing the recent failed execution of Christa Pike in Tennessee. Howard's attorneys argue that the same drug, pentobarbital, poses similar risks due to its potential degradation.
Pike, 50, survived two doses of the drug last week in Tennessee and was hospitalized. Her attorneys allege her execution was marred by blown veins and issues with the state's pentobarbital supply, as well as a lack of emergency medical care. Howard's legal team contends that the drugs used in Texas may also be degraded, as they are past their permissible beyond-use dates.
This would be the first execution in the U.S. since Pike's attempted execution. Texas has carried out six executions this year, with two more scheduled after Howard, which would bring the national total to 30 in 2026.
Howard, 46, was convicted of capital murder in the 2000 killing of Vickie Swartout, 42. Surveillance video from the convenience store showed Howard shooting Swartout during a robbery where he took $114 and cigarettes. Howard was 20 at the time of the crime.
His attorneys have also argued that Howard is intellectually disabled and that his execution should be halted. The state maintains he has not provided evidence meeting the requirements for such a claim. The Supreme Court barred the execution of intellectually disabled individuals in 2002 but has given states discretion in determining such disabilities.
Howard's legal team has filed requests for information about the lethal dose of pentobarbital the Texas Department of Criminal Justice plans to use. They note that the department has asked for a state attorney general opinion on whether it must disclose this information, a practice it has followed for years. The opinion is not expected before Howard's scheduled execution, preventing him from litigating the state's potential decision on disclosure.
Texas officials did not immediately respond to requests for comment. Florida has carried out 16 executions this year, the most of any state. Tennessee's Republican Gov. Bill Lee has halted further executions for the remainder of the year.