HUNTSVILLE, Texas - A federal appeals court has refused to consider an appeal that seeks to delay this week's execution of a former auto mechanic who shot and killed three of his former housemates while they were sleeping 14 years ago at a home in Amarillo.
The lawyer for 43-year-old convicted killer John Balentine had asked the full 5th U.S. Circuit Court of Appeals to consider the appeal after it was rejected by a three-judge panel of the court. The full court voted 11-4 Tuesday to reject the request.
Balentine is set to die Wednesday evening in Huntsville.
His lawyer says she'll take the case now to the U.S. Supreme Court.