Updated Aug. 7 at 5:15 p.m.
Lee Kovarsky, lawyer for Marvin Wilson, said that the U.S. Supreme Court denied the request to stay his execution scheduled for 6 p.m. Tuesday. He called the decision disappointing and said he was profoundly saddened.
"Ten years ago, this court categorically barred states from executing people with mental retardation," Kovarsky said. "Yet, tonight Texas will end the life of a man who was diagnosed with mental retardation by a court-appointed, board-certified specialist."
Kovarsky said the criteria Texas uses to determine mental disability in death penalty cases is a "decayed remainder ...