An appeals court has put the case of a Lubbock man, formerly on death row, on its calendar to hear oral arguments. Last year a federal judge put a stop to Michael Yowell's execution saying his rights of due process had been violated. The judge ruled that during Yowell's trial he had inadequate assistance from his defense team.
Yowell is convicted of killing his parents in 1998. Their bodies were found in a Lubbock home that had exploded and partially burned.
After the federal judge ruled, the State of Texas then filed an appeal. On Monday, the state wrote a brief to the appeals court in support of putting Yowell to death, just a like a Lubbock jury had decided. But that's not the end of it.
The Fifth Circuit Court of Appeals wants to hear from both sides, in person, for a hearing on July 6th.
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