Edgar Tamayo Arias was scheduled for execution on Wednesday at 6 p.m., however, following a last-minute appeal by his legal team, the execution has been stayed until the case can be reviewed by the Supreme Court. This appeal "could have considerable possibilities, as the United States is taking on an international responsibility," said Max Diener Sala, legal consultant to the Mexican Foreign Ministry. The new arguments presented to the Supreme Court could delay proceedings until midnight.
Edgar Tamayo Arias, 46, was convicted of murdering a police officer in Houston in 1994. Texas officials have opposed appeals to stop the execution, however, the Supreme Court is considering at least two appeals: one relates to the argument that Mr. Tamayo Arias was not informed of his right to consular assistance, the second that he was mentally impaired and thus ineligible for the death penalty. Tamayo's legal team went to the Supreme Court after the 5th U.S. Circuit Court of Appeals said an appeal this week was filed too late.
Protesters have been camped outside Walls Prison, where Tamayo Arias is being held on death row, calling for the execution to be halted. Meanwhile international pressure from human rights groups, activists and politicians has built against the Texas judiciary. According to his legal team, Mr. Tamayo was not informed of his right to consular assistance, thereby violating the Vienna Convention of 1963. Moreover, medical testing suggest that Mr. Tamayo is mentally handicapped, thereby making him ineligible for execution.
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