A federal appeals court has temporarily halted Thursday’s scheduled execution of Texas death row inmate Edward Busby, citing concerns over his eligibility for capital punishment because of intellectual disability.
The 2-1 decision by the 5th U.S. Circuit Court of Appeals is in place “pending further order” of the court.
Busby argued that a federal district court improperly denied the inmate’s request for funding to test him for intellectual disability. The appeal also provided two new tests from experts, including one provided by the state, that his lawyers argue prove Busby is intellectually disabled.
Defendants determined to be intellectually disabled are ineligible for execution under Eighth Amendment protections against cruel and unusual punishment.
Busby was sentenced to death out of Tarrant County in 2005 for the kidnapping and murder of 78-year-old Laura Crane after he robbed her and suffocated her by wrapping her face with tape.
Judge Stephen Higginson ruled in favor of a temporary stay of execution, arguing that Busby’s appeal could be significantly shaped by a pending U.S. Supreme Court ruling in a separate case. That case, originating from Alabama, could determine how courts consider the cumulative effect of multiple IQ tests in determining a defendant’s eligibility for the death penalty.
“In a matter of life and death, we must be certain that we apply the proper constitutional rule as to whether and how to determine intellectual disability before states may execute defendants for capital crimes, especially when it is a rule that the Supreme Court imminently will clarify,” Higginson wrote.
Busby’s stay of execution is Texas’ third in just over a year and the first in 2026, as death row inmates David Wood and Robert Roberson both had their cases returned to trial court for review in 2025. Busby previously had his sentence stayed twice, once in 2020 because of the coronavirus pandemic and again in 2021 by the Texas Court of Criminal Appeals.
The Texas court also vacated the sentence of Clarence Curtis Jordan in April, joining 19 others who have been removed from death row in Texas due to ineligibility due to intellectual disability.
Busby’s execution was scheduled to be Texas’ 600th since the U.S. Supreme Court reimplemented the death penalty in 1976. Two other death sentences are currently scheduled in the state, with the next slated for November.
