Court Stays Execution of Texas Man

A condemned killer won a reprieve about two hours before his scheduled execution Tuesday for the fatal shooting of a Houston businessman during a botched burglary 12 years ago.

The execution of Kenneth Wayne Morris, 32, a ninth-grade dropout with a history of theft and burglary, was stopped by a federal appeals court, based on a U.S. Supreme Court ruling last year that barred execution of mentally retarded people.

In their appeal, Morris’ lawyers argued that their client was retarded, even though he had never been given an IQ test.

In its order, the U.S. 5th Circuit Court of Appeals in New Orleans gave his lawyers permission to file additional legal actions in a lower federal court.

Morris was identified as the gunman in a three-man gang that broke into the home of a 63-year-old man because they thought he had a gun collection.

James Moody Adams had no weapons and was killed after he surrendered the money in his wallet. His terrified wife, Marcene, hid in a closet.

Adams and her two sons were scheduled to watch Morris die.

A three-judge panel of the court said the fact that Morris had never been tested was enough to justify the stay.

Roe Wilson, who handles capital appeals for the Harris County district attorney, said she was surprised by the reprieve.