Supreme Court blocks execution in Texas with minutes to spare

A death row inmate had eaten his final meal and was minutes away from being executed by lethal injection when the US Supreme Court granted a stay.

James Colburn, 42, who both the prosecution and defence admit is severely mentally ill, was due to have been executed shortly after 6pm local time in Huntsville, Texas, on Wednesday. But at 5.59pm the prison was informed that Colburn's lawyers had filed a motion to the Supreme Court and the execution was temporarily halted.

Two hours later the prison was informed that the court had granted an indefinite stay and Colburn was taken out of the holding cell next to the execution chamber and returned to death row. "This literally was a last-minute appeal. This really did come down to the wire," said Michelle Lyons, a spokeswoman for the Texas Department of Criminal Justice. "He had eaten his last meal, even though it turned out not to be his last meal."

Colburn has a long history of mental illness and had been diagnosed with schizophrenia at the age of 14. During his trial for the murder in 1994 of a 55-year-old woman, who he strangled and stabbed, Colburn had been given so many anti-psychotic drugs that he fell asleep.

On Tuesday the Supreme Court turned down one defence motion. Wednesday's motion claimed that Colburn had not received proper due process.

The prison said that when he was told of the court's stay, Colburn said: "It was blessing from God, a relief for his family, and a surprise."

The Supreme Court announced in June that the execution of mentally retarded murderers was unconstitutionally cruel and banned it. It refused to consider the issue of mentally ill people.

The latest appeal went to Justice Antonin Scalia, who referred it to the full nine-member court.

The action delays the execution for at least 30 days and gives Colburn's lawyers time to mount a fresh appeal.