Texas set first U.S. execution since Christa Pike survived hers; lawyers say its pentobarbital is past its use date

Jamaal Howard, 46, was scheduled to die at 7 p.m. EDT Oct. 7; the outcome was not known at filing.

Howard's lawyers asked for a stay of his execution. They argue Texas's pentobarbital may be degraded. Tennessee used the same drug when it failed to execute Pike. The lawyers say Texas's drugs are also degraded because they are far past their original beyond-use dates.

Howard was convicted of killing convenience store clerk Vickie Swartout, 42, in Silsbee, Texas, in 2000.
He also argues he is intellectually disabled, with an appeal pending at the Supreme Court.
If carried out, it would be the 30th U.S. execution this year; Texas has already carried out 6.