Texas execution of Cleve Foster via lethal injection blocked by U.S. Supreme Court


(CBS/AP) HUNTSVILLE, Texas - The national shortage of the lethal injection drug sodium thiopental has forced some states to use a different cocktail for executions, but some question the effectiveness of the new drug.

Tuesday, the U.S. Supreme Court blocked the first scheduled execution of a Texas death row inmate using the drug pentobarbital.

Cleve Foster was to have been executed Tuesday evening for the 2002 slaying of a Sudanese woman in Fort Worth. It would have been the first Texas execution since the state switched to pentobarbital in its lethal three-drug mixture.

The high court agreed to reconsider its January order denying the 47-year-old's appeal. That appeal raised claims of innocence and poor representation during his trial and the early stages of his appeals.

Foster's lawyers also argued that Texas prison officials violated administrative procedures when they announced the switch to pentobarbital from sodium thiopental.