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Kavanaugh joins SCOTUS majority to delay execution of prisoner in Texas



On Thursday, the Supreme Court suspended the execution of the prisoner in Texas Patrick Murphy . Prisoner's lawyers say the Buddhist priest was not allowed to be with Murphy in the death chamber while he was killed. Brett Kavanaugh writes that Texas can not move forward with Murphy's punishment unless the state allows its Buddhist counselor or other Buddhist reverie to the state to choose to accompany Murphy in the hall during the execution.

Murphy was one of Texas 7 jailed prisoners convicted of the murder of police officer Irving Owry Hawkins during a crime at Christmas Eve 2000.

Murphy told the KTV station Wednesday night that life should he was spared because he was on the other side of the building when fatal shots were killed. However, he himself accuses himself of being where he is and says he does not want anyone to think he is innocent. Murphy's lawyers have said that the efforts of the Texas Prison staff to prevent the prisoner's spiritual adviser, a Buddhist priest, be with him when he was killed, has violated Murphy's right to first fix the freedom of religion. Murphy, 57, became a Buddhist nearly a decade ago while in prison.

The lower courts rejected the argument. The Supreme Court ruled 7-2 with Clarence Thomas and Neil Gorbsch with disagreement.

But Cavana wrote on Thursday night in a Texas prison that allows a Christian or a Muslim to have a state Christian or a Muslim religious counselor either in the execution room or in the next watching room. But prisoners of other religious denominations who want their religious counselors to attend may have counsel only in the viewing room and not in the execution itself, he said.

"As the Court has repeatedly ruled, discrimination by the government against religion in particular, discrimination against religious persons, religious organizations, and religious speeches violates the Constitution," he writes. "The government can not discriminate against religion as a whole or against certain religious denominations."

Cavana said that Texas can not move forward with Murphy's punishment unless the state allows his Buddhist counselor or other Buddhist reverend of the state to choose to accompany Murphy in the course of execution.

"I think the state can not do that Christian or Muslim prisoners, but not Buddhist prisoners, should have a religious counselor for their religion in the execution room," Justice said.

Kavanaugh does not hear any death penalty in his 1

2 years as a judge of an appellate court joining the Supreme Court.

The spokesman for the Department of Criminal Justice in Texas, Jeremy Desel, will review the decision to determine how to respond.

Deseal said Murphy would be taken from prison in Huntsville, where executions are taking place, to the Polunski detachment, about 45 miles east, where prisoners in the prisons of death are closed. "I knew there was a fine thread of opportunity," said the smiling Murphy of the cage, which was only a few feet from the death chamber, after the guard had told him he had been deferred.

Texas officials announced themselves in court, referring to security concerns that only the priests who were widely screened by the prison system were admitted to the Chamber. While Christian and Muslim priests were available, he was not a Buddhist priest. The prison staff allowed Murphy to visit his spiritual counselor for about 40 minutes on Thursday afternoon. The escaped prisoners were arrested a month later in Colorado, ending a six-week persecution. One of them committed suicide as closed officers and the other six were convicted of the Hawkins murder and sentenced to death. Murphy would be the fifth to be executed. The sixth prisoner, Randy Halprin, has not received a date for execution. Murphy would have been the fourth prisoner who was killed this year in the United States, and the third was executed in Texas, the country's most lively state in the death penalty.

In February, the Supreme Court rejected a request from a Muslim prisoner in Alabama to receive an Islamic spiritual counselor in a execution chamber. Dominique Rey, who was executed, also claims that his religious rights have been violated because Alabama allows a prisoner Christian priest to be in the chamber.

Murphy has been convicted by law of the Texas parties who hold a person who is criminally responsible for the actions of another if they are involved in a conspiracy.

Murphy told KTVT that "he really was a escape driver." "I am not challenging the guilt of the crime," Murphy said.


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