Supreme Court docket denies keep of execution for Texas loss of life row inmate

A Texas inmate faces execution Tuesday night for fatally stabbing two Houston-area brothers throughout a robbery of their dwelling greater than 30 years in the past.

Rick Rhoades was condemned for the September 1991 killings of Charles Allen, 31, and Bradley Allen, 33. The brothers have been killed lower than a day after Rhoades had been launched on parole after serving a sentence for housebreaking. He’s set to be executed by deadly injection on the state penitentiary in Huntsville.


“We hope the Allen family finds peace after nearly 30 years of waiting for justice for their loved ones. The death penalty should be reserved for the worst of the worst, and a Harris County jury determined long ago that this defendant fits the bill. Let us honor the memory of the victims, Charles and Bradley Allen, and never forget that our focus has and always will be on the victims,” Harris County District Lawyer Kim Ogg mentioned in a press release.

The Supreme Court early Tuesday night declined to halt Rhoades’ execution.

Rhoades’ attorneys had requested the excessive courtroom to intervene, arguing his constitutional proper to due course of is being violated as a result of he’s being prevented from pursuing claims that some potential jurors at his trial may need been dismissed for racially discriminatory causes.

In July, Rhoades’ attorneys filed a federal lawsuit towards state District Choose Ana Martinez in Houston over a request that they had made that the decide order prosecutors to launch data associated to allegations some jurors have been dismissed primarily based on racial discrimination. Martinez dominated she lacked jurisdiction to contemplate the request. The go well with was dismissed earlier this month by a Houston federal decide, who additionally declined to remain the execution. The fifth U.S. Circuit Court docket of Appeals on Monday upheld the go well with’s dismissal and likewise declined to remain the execution. The appeals courtroom in 2019 had beforehand denied an analogous declare by Rhoades’ attorneys on allegations that two Black jurors have been dismissed on account of racial bias. Rhoades is white.

Rhoades’ attorneys have beforehand unsuccessfully argued in different appeals: that his constitutional rights have been violated when childhood images depicting Rhoades in regular, pleased actions and designed to indicate he was nonviolent and would do properly in jail have been excluded throughout his trial’s punishment part; {that a} state investigator gave false testimony at his trial over whether or not Rhoades might obtain an unaccompanied furlough if sentenced to life in jail; and that “evolving standards of decency” prohibit executions as a punishment for murder


This undated handout photo provided by the Texas Department of Criminal Justice shows inmate Rick Rhoades. 

This undated handout picture supplied by the Texas Division of Legal Justice reveals inmate Rick Rhoades. 
(Texas Division of Legal Justice by way of AP)

“A 2020 Gallup poll on Americans’ attitudes regarding capital punishment shows that public support for the death penalty is at its lowest in a half-century, with opposition higher than any time since 1996,” David Dow and Jeffrey Newberry wrote in a courtroom movement final month.

Rhoades, 57, had a protracted prison historical past, together with convictions for housebreaking and auto theft in Florida, Iowa and Texas, when he broke into Charles Allen’s home within the Houston suburb of Pasadena.

The house, situated close to the place the siblings’ mother and father lived, had simply been customized constructed for Charles Allen and he had invited his brother to briefly dwell with him. The 2 brothers had lately gone by separate divorces.

Charles Allen, who performed the piano and had goals of a musical profession, labored as a chemical operator at a neighborhood refinery. Bradley Allen labored as a contract artist.

At trial, prosecutors instructed jurors the siblings have been asleep when Rhoades broke into their dwelling within the early morning hours and attacked Charles Allen as he was in his mattress. Bradley Allen was killed when he got here to his brother’s protection.


An arrest within the case wasn’t made till a few month later when Rhoades was caught burglarizing an elementary faculty. Whereas in custody, Rhoades confessed to killing the brothers. However he claimed it was executed in self-defense after exchanging phrases with Charles Allen as Rhoades took a stroll at 2:30 a.m.

“I was tired of running. I wanted to tell what happened,” Rhoades mentioned in his confession.

If Rhoades is executed, he would be the third inmate put to death this 12 months in Texas and the sixth within the U.S.

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