Lawyer: Dallas woman's execution can't be stopped

Kimberly McCarthy

Credit: WFAA

Kimberly McCarthy was convicted of murdering her elderly neighbor in 1997.

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Associated Press

Posted on June 25, 2013 at 4:00 PM

Updated Tuesday, Jun 25 at 6:38 PM

HOUSTON (AP) — An attorney for a Dallas County woman set to die Wednesday says she has exhausted all efforts to block her execution, which would be the 500th in Texas since the state resumed carrying out the death penalty in 1982.

Kimberly McCarthy contends black jurors were improperly excluded from her trial by prosecutors and this wasn't challenged by her lawyers.

The Texas Court of Criminal Appeals on Tuesday declined to reconsider its denial a day earlier of McCarthy's request, saying the claims should have been raised previously.

Maurie Levin, McCarthy's attorney, says because the court's ruling focuses on procedural and not substantive issues, the case can't be appealed to the U.S. Supreme Court.

The 52-year-old McCarthy also would be the first woman put to death in the U.S. since 2010.

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