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The Latest: Federal appeals court won't stop Texas execution

The Latest: Federal appeals court won't stop Texas execution

HUNTSVILLE, Texas (AP) — The Latest on the Texas execution scheduled for Thursday evening (all times local):

9:20 a.m

A federal appeals court has refused to halt the scheduled execution of a former Dallas accountant condemned for fatally shooting his two young daughters while their mother listened helplessly on the phone.

John David Battaglia is due to be executed Thursday evening.

The 5th U.S. Circuit Court of Appeals rejected an appeal in which he argued that a lower court improperly refused his lawyers money to hire an expert to further examine claims that he isn't mentally competent to be executed.

Battaglia was convicted of killing his 9-year-old daughter, Faith, and her 6-year-old sister, Liberty, in May 2001.

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12:06 a.m.

Attorneys for a former Dallas accountant condemned for fatally shooting his two young daughters while their mother listened helplessly on the phone are hoping a federal court keeps him from the Texas death chamber.

John David Battaglia is set for execution Thursday evening for the May 2001 slayings of his 9-year-old daughter, Faith, and her 6-year-old sister, Liberty. Battaglia and his wife had separated and the girls were killed at his Dallas apartment during a scheduled visit.

He'd be the nation's third prisoner executed this year, all in Texas.

His lawyers had appeals before the 5th U.S. Circuit Court of Appeals and the U.S. Supreme Court, contending the 62-year-old Battaglia is delusional and mentally incompetent for execution.