LIVINGSTON, Texas (AP) -- Attorneys for former Army recruiter Cleve Foster are going to the U.S. Supreme Court for a fourth time to try to keep him from execution this week for participating in the slaying of a Fort Worth woman a decade ago.
Foster was set to die Tuesday evening for the fatal shooting of a 30-year-old woman whose body was found in a Tarrant County ditch by pipeline workers on Valentine's Day 2002.
With lower courts now refusing to stop the lethal injection, which would be the ninth this year in Texas, Foster's attorneys returned to the high court Monday.
The Supreme Court halted his scheduled punishment three times in 2011. Once he was within moments of being taken to the Texas death chamber.