Former Army recruiter Cleve Foster is hoping the U.S. Supreme Court postpones his execution for a fourth time.
The 48-year-old Foster is set to die Tuesday evening in Huntsville for the shooting death of a 30-year-old woman he and a buddy met 10 years ago at a Fort Worth bar. Her body was found the next day.
The high court is considering an appeal that contends Foster is innocent and had poor legal help at his trial and during early stages of his appeals.
State attorneys say the appeal is meritless and merely a delaying tactic.
Foster is one of two men sent to death row for the death of Mary Pal on Valentine's Day 2002. His partner, Skeldon Ward, died of cancer in prison while awaiting execution.