A former Army recruiter condemned for the rape-slaying of a woman in Fort Worth nearly a decade ago is looking to the U.S. Supreme Court to stop his execution for a third time this year.
Cleve Foster, 47, faces lethal injection Tuesday evening in Huntsville.
Foster was spared by the Supreme Court in January and again in April. His lawyers are arguing he's innocent and had deficient legal help during his trial and early in his appeals. State lawyers say his issues have been resolved by the courts and the last-day appeal is just another attempt to delay the punishment.
Foster would be the 11th Texas prisoner executed this year. He was convicted of killing Nyaneur "Mary" Pal on Valentine's Day 2002.
On Wednesday, Lawrence Russell Brewer is set to die for his part in the notorious Jasper dragging death case.