A federal appeals court has blocked this month's scheduled execution of Texas death row inmate Jose Briseno.
Lawyers for Briseno argued he's mentally retarded and that a jury hasn't been allowed to make that determination.
The U.S. Supreme Court has barred execution of mentally retarded
Briseno was sentenced to die for the 1991 robbery and murder of
Dimmitt County Sheriff Ben Murray.
The lawman's body was found at his Carizzo Springs home.
Briseno faced execution January 20th.
The New Orleans-based Fifth U-S Circuit Court of Appeals this week returned the case to lower courts for additional review.