AUSTIN, Texas (AP) – An appeals court has stayed the execution of a Dallas man so it can review his mental competency to be put to death for killing his two daughters.
The Texas Court of Criminal Appeals on Friday delayed next week’s execution of John David Battaglia after his attorney appealed a judge’s ruling last month that he’s mentally competent for execution.
The Austin appeals court has asked Battaglia’s attorney and prosecutors to submit briefs on the competency issue within 60 days.
Battaglia’s attorney, Michael Mowla, declined to comment Friday.
A prosecutor handling the case for the Dallas County District Attorney’s Office didn’t immediately return a call seeking comment.
Battaglia was condemned for shooting his daughters more than 15 years ago while their mother listened helplessly over the phone.
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