Murphy v. Collier, No. 19-70020 (5th Cir. 2019)Annotate this Case
The Fifth Circuit denied TDCJ's motion to vacate the district court's order granting Texas death row inmate Patrick Henry Murphy's motion seeking to stay his execution. The court held that the district court did not abuse its discretion in granting the stay and agreed with the district court's implicit finding that Murphy had a strong likelihood of success on the merits of his claim that the TDCJ policy violates his rights by allowing inmates who share the same faith as TDCJ-employed clergy greater access to a spiritual advisor in the death house. The court held that Murphy's claim was timely, and rejected TDCJ's exhaustion argument.
The court issued a subsequent related opinion or order on November 13, 2019.