Texas to execute man for killing ex-girlfriend and her son

National News

to die Wednesday evening for killing his pregnant ex-girlfriend and her 7-year-old son more than 17 years ago.

Stephen Barbee, 55, is scheduled to receive a lethal injection at the state penitentiary in Huntsville. He was condemned for the February 2005 deaths of Lisa Underwood, 34, and her son Jayden. Both were suffocated at their home in Fort Worth. They were later found buried in a shallow grave in nearby Denton County.

Barbee’s attorneys have asked the U.S. Supreme Court to stay his execution, arguing his religious rights are being violated because the state prison system, in the wake of a ruling by the high court on what spiritual advisers can do while in the execution chamber, did not create a written policy on the issue.

In March, the U.S. Supreme Court said states must accommodate the wishes of death row inmates who want to have their faith leaders pray and touch them during their executions. Texas prison officials didn’t formally update their policy but said they would review inmates’ petitions on a case-by-case basis and would grant most reasonable requests.

Earlier this month, U.S. District Judge Kenneth Hoyt in Houston issued a preliminary injunction, saying the state could only execute Barbee after it had published a clear policy on spiritual advisers that protects an inmate’s religious rights. Last week, the 5th U.S. Circuit Court of Appeals overturned Hoyt’s injunction, saying it was overbroad.

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Nicholas C. Minshew - Minshew & Ahluwalia LLP

Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.

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