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June 25, 2013

Former Greenville resident denied appeal of death sentence

GREENVILLE — HOUSTON — Texas’ highest criminal court has denied a request to block a Dallas County woman’s execution this week.

Kimberly McCarthy’s execution would be the 500th in Texas since the state resumed carrying out the death penalty in 1982. She contends black jurors were improperly excluded from her trial by Dallas County prosecutors and this wasn’t challenged by her lawyers.   

But the Texas Court of Criminal Appeals in Austin denied McCarthy’s request on Monday. The court said it didn’t consider the merits of McCarthy’s appeal because she should have raised her claims previously.

Maurie Levin, McCarthy’s attorney, says she is “reviewing the order and considering our options.”

The 52-year-old McCarthy also would be the first woman put to death in the U.S. since 2010 if she receives lethal injection on Wednesday.

McCarthy was born in Greenville in 1961, but was living in Dallas County at the time of the murder.

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