Request to Stop Lancaster Woman's Execution Denied

Monday, Jun 24, 2013  |  Updated 10:49 PM CDT
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Request to Stop Lancaster Woman's Execution Denied

Getty Images/TDCJ

Kimberly McCarthy (inset) was convicted of capital murder for the 1997 robbery and killing of her neighbor in Lancaster. She'll be the first woman put to death in the U.S. since 2010.

Texas' highest criminal court has denied a request to block a Dallas County woman's execution this week.

Kimberly McCarthy's execution would be the 500th in Texas since the state resumed carrying out the death penalty in 1982. She contends black jurors were improperly excluded from her trial by Dallas County prosecutors and this wasn't challenged by her lawyers.

But the Texas Court of Criminal Appeals in Austin denied McCarthy's request on Monday. The court said it didn't consider the merits of McCarthy's appeal because she should have raised her claims previously.

Maurie Levin, McCarthy's attorney, said she is "reviewing the order and considering our options."

McCarthy, 52, also would be the first woman put to death in the U.S. since 2010 if she receives lethal injection on Wednesday.

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