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Erick Davila lost again at the U.S. Supreme Court April 25—this time, for good.
The high court denied Davila’s last-ditch pleas to block his execution, after which Texas put him to death for a 2008 double murder. He fatally shot a five-year-old and her grandmother at a birthday party in Fort Worth.
The court had already ruled against Davila 5-4 at the end of last term, finding his ineffective assistance of counsel argument barred for procedural reasons.
This time around Davila argued he couldn’t be executed because the District Attorney seeking his execution was his trial judge. That and the fact that his former lawyer now works for that same DA’s office amounts to a due process violation, he argued.
Davila also said the state failed to turn over evidence that his co-defendant knew he was high on PCP. That information could have swayed the jury to vote against executing him, he argued.
But Davila would have known if he was high, so the government wouldn’t have had to tell him that, the state countered.
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