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High Court Stops Another Texecution

Troy Kunkle won a stay tonight from the U.S. Supreme Court. It's the second time he's received a stay, both times while in the execution chamber. Tonight's stay came 40 minutes after the scheduled start of his execution. At least they waited.

Kunkle has been dubbed by the press as the "Metallica" killer.

According to testimony at his capital murder trial, Kunkle was 18 when he fatally shot Stephen Horton, 31, then chanted: "Another day, another death, another sorrow, another breath" -- the refrain from the Metallica song "No Remorse" on an album called "Kill 'Em All." A pool of blood is depicted on the album cover....Prosecutors also remembered him at one point playing an air guitar in the courtroom at his trial as lawyers discussed whether the Metallica song could be admitted into evidence.

Like the stay granted to another Texas inmate this week, the Court found that the Texas court improperly prevented the jury from considering mitigating evidence.

"Plainly, Mr. Kunkle's sentencing hearing was marred by the same constitutional flaw," attorney Robert McGlasson said. "The jury heard evidence that could have persuaded it to spare Mr. Kunkle's life, but was limited to instructions that gave it no vehicle for expressing that conclusion."

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