William Rayford, 64, would be the nation's second inmate executed this year if his lethal injection is carried out this evening.
He was convicted in the beating, stabbing and strangling death of 44-year-old Carol Lynn Thomas Hall.
Hall's body was found about 300 feet inside a drainage pipe behind her home in the Oak Cliff area of Dallas. Her 11- year-old son also was stabbed in the attack but survived, and he testified against Rayford.
They argued that his death sentence was tainted because his trail attorney in 2000 improperly introduced the subject of race as a factor in prison violence while questioning a prison expert during the punishment phase.
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Nadia Wood, a Dallas-based federal public defender, told the high court that in bringing it up, the trial lawyer implied "that people like Mr. Rayford, a black man, are the cause of the violence."
In a second appeal to the justices late this afternoon after it was denied by the 5th US Circuit Court of Appeals, attorneys argued a federal district judge improperly denied money for his lawyers to hire a forensics expert to examine whether Hall's slaying may not have qualified for a capital murder charge.
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