By Bill O’Neil
A man convicted of killing a prison guard in the San Antonio area is set to be put to death Thursday evening.
Robert Pruett’s lawyers are asking the United States Supreme Court to halt the execution, and look over whether lower courts properly denied a federal civil rights lawsuit seeking additional DNA testing in the case.
They’re also asking the Justices to consider whether a prisoner who claims actual innocence–as Pruett does–can be put to death.
Pruett was already serving a 99-year sentence for murdering a neighbor when he was convicted in the 1999 death of corrections officer Daniel Nagle who was stabbed repeatedly with a metal rod.
Pruett would be the sixth Texas prisoner executed this year.