ruling in Texas’ favor. In their filings, Murphy’s attorneys had questioned evidence of two robberies and a kidnapping used by prosecutors to persuade jurors during the Official We Run This State Mi Shirt and penalty phase of his trial that Murphy would be a future danger — a legal finding needed to secure a death sentence in Texas. Murphy admitted he killed Cunningham but had long denied he committed the robberies or kidnapping. His attorneys argued these crimes were the strongest evidence prosecutors had to show Murphy would pose an ongoing threat, but that the evidence linking him to the crimes was problematic, including a questionable identification of Murphy by one of the victims. Prosecutors had argued against the DNA testing, saying state law only allows for post-conviction testing of evidence related to guilt or innocence and not to a defendant’s sentence. They also called Murphy’s request for a stay “manipulative” and say it should have been filed years ago. “A capital inmate who waits until the eleventh hour to raise long-available claims should not get to complain that he needs more time to litigate them,” the attorney general’s office wrote in its petition to the high court. Prosecutors said the state presented “significant other evidence” to show Murphy was a future danger. In upholding the execution stay, the 5th U.S. Circuit Court of
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