The Texas Court of Appeals has stopped Wednesday's scheduled execution of Mark Robertson. Kudos to defense lawyer Randy Schaffer of Houston who obtained the stay.

The trial judge had refused to allow the jury to consider mitigating evidence concerning Robertson's childhood. Because the case had already been rejected by the U.S. Supreme Court, Shaffer looked for a way to get it back to the Texas Court of Appeals, and he succeeded:

Last Friday, the Supreme Court refused to overturn the appeals court decision and Schaffer returned to the state court with "the same issue in a different context," he said

In Robertson's case, appeals attorneys have argued his alcoholic father or childhood abuse or his own drug abuse also should have been considered by a jury as a special circumstance, also referred to as mitigating evidence.

If a jury finds there is such evidence, a life sentence is imposed. "I asked the court to stay the execution and permit me to argue the case when it reconvenes in September," Schaffer said.

Texecutions carried out this year: 20
Two more are scheduled for September.
A record of 40 was set in 2000.
There were 33 in 2002.