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HUNTSVILLE, Texas (AP) — A former auto mechanic who shot and killed three of his former housemates while they were sleeping 14 years ago was hoping Tuesday to delay his execution for a third time.

John Balentine, 43, is scheduled to die by injection Wednesday evening.

Ballentine, who had a long criminal record in his native Arkansas before he killed the three Texas teens in January 1998, avoided lethal injection in September 2009 when a federal appeals court gave him a reprieve a day before his scheduled trip to the Texas death chamber. Then in June 2011, he was within an hour of execution when the U.S. Supreme Court stopped it.

Ballentine's attorney is seeking to stop his execution again.

"I thought it was done the last time," Randall Sims, the district attorney in Amarillo, said. "The sad part of every delay is it's not closure for the families of the victims."

Balentine's lawyer Lydia Brandt argued he had deficient legal help at his 1999 trial, that his legal assistance during early appeals also was faulty and the deficiencies have led to issues that should be reviewed in the courts but can't be addressed now because they weren't properly brought up earlier.

"Mr. Balentine's case is illustrative of why capitally sentenced prisoners in Texas have no meaningful opportunity to raise (these) claims," Brandt told the 5th U.S. Circuit Court of Appeals.

Katherine Hayes, an assistant Texas attorney general, disagreed, saying the latest appeals were "only another attempt to delay ... proceedings and further postpone his impending execution."

A three-judge panel of the 5th Circuit refused Balentine's appeal, and Brandt's request for a rehearing before the full appeals court was pending Tuesday. Rejection there could send the case to the Supreme Court.

On Monday, the Texas Board of Pardons and Paroles, voting 7-0, rejected a clemency petition for Balentine.

His guilt was not an issue in the appeals.

Balentine was convicted of fatally shooting Mark Caylor Jr., 17; Kai Brooke Geyer, 15; and Steven Watson, also 15. Caylor was the brother of Balentine's former girlfriend, and prosecutors said a feud between Caylor and Balentine led to the shootings in a tiny house where Balentine also once lived. Evidence showed all three teens were shot once in the head with a .32-caliber pistol as they slept.

In a tape-recorded statement to police played at his trial, Balentine said he moved out of the Amarillo house because of drug use there. He said he learned later that Caylor was looking to kill him because he had "jumped on his sister."

Balentine described slipping into the house and shooting each of the teens.

"Mark had threatened my life, threatened my brother, girlfriend ... waving a gun and talking about what he was going to do to me," he told police.

He said he didn't know the other two victims, Geyer and Watson.

Balentine was arrested six months later 600 miles away in Houston, where he was pulled over for driving a car with a broken taillight. He gave the traffic officer a false name that showed up as an alias for the suspect wanted in the Amarillo slayings.

He refused to speak with reporters as his execution date neared. Originally from Newport, Ark., he had a lengthy record in Arkansas that included at least two prison stints and convictions for burglary, kidnapping, assault and robbery. When he was 15, records show he broke into a high school ROTC building and stole rifles and military fatigues.

Randy Sherrod, one of Balentine's trial lawyers, has said Balentine rejected a plea bargain that would have sent him to prison for life because he feared being in the general prison population and believed death row would be safer because its inmates are kept isolated.

Brandt's appeal was critical of Sherrod and his now-deceased co-counsel for failing to produce witnesses to support a life sentence for Balentine rather than death. But Sherrod said they "couldn't find anyone to say anything good about him."

"We didn't have much to work with, really didn't," he said. "There was no way to get anything positive on the record."

Balentine would be the eighth prisoner executed this year in Texas, the nation's most active death penalty state. At least eight other executions are scheduled for the coming months.

HUNTSVILLE, Texas (AP) — Defense lawyers have made a late request to halt the execution of a Texas woman set to become the first female put to death in the U.S. in three years.

The request was sent to a Dallas County judge Tuesday just hours before Kimberly McCarthy's scheduled execution.

University of Texas law professor Maurie Levin argues that McCarthy was the subject of racial discrimination by the jury of 11 whites and only one black that convicted her. McCarthy is black.

She said the same in a letter Friday to Dallas County District Attorney Craig Watkins.

Watkins' office calls the effort a "mere delay" tactic because the record doesn't support a valid legal claim for discrimination.

McCarthy faces execution in Huntsville for the 1997 beating, stabbing and robbing of a neighbor.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

The execution Tuesday of a Texas woman convicted in the gruesome murder of her 71-year-old neighbor will mark the first time in three years that a female inmate has been put to death in the U.S.

Kimberly McCarthy, 51, was sentenced to death for the 1997 robbery, beating and fatal stabbing of retired college psychology professor Dorothy Booth. Investigators say Booth had agreed to give McCarthy a cup of sugar before she was attacked with a butcher knife at her home in Lancaster, about 15 miles south of Dallas.

It was among three slayings linked to McCarthy, a former nursing home therapist who'd been addicted to crack cocaine. Her lethal injection is scheduled for Tuesday evening.

McCarthy will be the 13th woman executed in the U.S. and the fourth in Texas, the nation's busiest death penalty state, since the Supreme Court allowed capital punishment to resume in 1976. In that same time period, more than 1,300 male inmates have been executed nationwide.

Federal Bureau of Justice Statistics compiled from 1980 through 2008 show women make up about 10 percent of homicide offenders nationwide. According to the NAACP Legal Defense Fund, 3,146 people were on the nation's death rows as of last Oct. 1, and only 63 — 2 percent — were women.

In a final legal effort to spare her life, McCarthy's lawyers asked Gov. Rick Perry on Monday to use his executive authority to issue a 30-day reprieve. They also appealed to Dallas County District Attorney Craig Watkins to withdraw or modify the execution date, citing his support that Texas adopt a law allowing death-row inmates to appeal on racial grounds. McCarthy is black, while all but one of her 12 Dallas County jurors were white.

The U.S. Supreme Court earlier this month refused to review her case, and the Texas Board of Pardons and Paroles turned down a clemency request Friday.

Her lead attorney, Doug Parks, said drug use was McCarthy's downfall.

"I think when she's off dope she's probably a pretty good person," he said. "I believe now, as I did then, that in the penitentiary, Kim would be absolutely no danger to anyone."

McCarthy declined to speak with reporters as her execution date neared.

Evidence showed that McCarthy called Booth to borrow a cup of sugar. When she came to pick it up, McCarthy attacked Booth, including forcing the woman's hand to a chopping block so she could cut off her finger to remove her wedding ring.

"I remember the pain and agony that poor woman lived through before McCarthy delivered the final stab wounds," former Dallas County assistant district attorney Greg Davis recalled last week.

Blood DNA evidence also tied McCarthy to the December 1988 slayings of 81-year-old Maggie Harding and 85-year-old Jettie Lucas. Harding was stabbed and beaten with a meat tenderizer, while Lucas was beaten with both sides of a claw hammer and stabbed.

McCarthy, who denied any involvement in the attacks, was indicted but not tried for those slayings.

"She took the most defenseless, the most helpless people, people that trusted her, that she chose to attack," Davis said.

The Dallas County jury had already found McCarthy guilty of Booth's slaying when evidence during the punishment phase of her trial linked her to the other two slayings and convinced jurors to send her to death row.

Prosecutors also showed that McCarthy stole Booth's Mercedes and drove to Dallas, pawned the ring for $200 and then went to a crack house to buy cocaine. Evidence also showed she used Booth's credit cards at a liquor store and was carrying Booth's driver's license.

Booth's DNA was found on a 10-inch butcher knife recovered from McCarthy's home.

McCarthy said she blamed the crime on two drug dealers she identified only as "Kilo" and "J.C." There was no evidence to show either existed.

McCarthy was tried twice for Booth's slaying, most recently in 2002. Her first conviction in 1998 was thrown out three years later by the Texas Court of Criminal Appeals, which ruled police violated her rights by using a statement she made to them after asking for a lawyer.

McCarthy is a former wife of Aaron Michaels, founder of the New Black Panther Party, and he testified on her behalf. They had separated before Booth's slaying.

McCarthy is among 10 women on death row in Texas, but the only one with an execution date.

In 1998, Karla Faye Tucker, 38, became the first woman executed in Texas since the Civil War for a robbery in Houston where two people were killed with a pickax. Two years later, a 62-year-old great-grandmother, Betty Lou Beets, received lethal injection for the slaying of her fifth husband in northeast Texas to collect insurance and pension benefits. And in 2004, Frances Newton, 40, was executed for the 1987 slayings of her husband and two children in Houston.

At least eight male Texas prisoners have executions scheduled in the coming months.

HUNTSVILLE, Texas (AP) — A Texas woman won a reprieve from the death chamber Tuesday, mere hours before she was scheduled to be the first woman executed in the U.S. since 2010.

State District Judge Larry Mitchell, in Dallas, rescheduled Kimberly McCarthy's punishment for April 3 so lawyers for the former nursing home therapist could have more time to pursue an appeal focused on whether her predominantly white jury was improperly selected on the basis of race. McCarthy is black.

Dallas County Assistant District Attorney Shelly Yeatts, who initially contested the motion to reschedule, said she would not appeal the ruling.

The 51-year-old McCarthy was convicted and sent to death row for the 1997 stabbing, beating and robbery of a 71-year-old neighbor. She learned of the reprieve less than five hours before she was scheduled for lethal injection, already in a small holding cell a few feet from the death chamber at the Texas Department of Criminal Justice Huntsville Unit.

"I'm happy right now over that," she told prison agency spokesman John Hurt. "There's still work to be done on my case."

Hurt said McCarthy was in good spirits and "didn't seem tense or nervous" even before she learned she would live.

A Dallas County jury convicted her of killing neighbor Dorothy Booth at the retired college psychology professor's home in Lancaster, about 15 miles south of Dallas.

"We are very pleased that we will now have an opportunity to present evidence of discrimination in the selection of the jury that sentenced Kimberly McCarthy to death," said Maurie Levin, a University of Texas law professor and McCarthy's lawyer.

"Of the twelve jurors seated at trial, all were white, except one, and eligible non-white jurors were excluded from serving by the state. ... These facts must be understood in the context of the troubling and long-standing history of racial discrimination in jury selection in Dallas County, including at the time of Ms. McCarthy's trial," Levin said.

Investigators said Booth had agreed to give McCarthy a cup of sugar before she was attacked with a butcher knife and candelabra. Booth's finger also was severed so McCarthy could take her wedding ring. It was among three slayings linked to McCarthy, who'd been addicted to crack cocaine.

McCarthy would have been the 13th woman executed in the U.S. and the fourth in Texas, the nation's busiest death penalty state, since the Supreme Court allowed capital punishment to resume in 1976. In that same time period, more than 1,300 male inmates have been executed nationwide.

Federal Bureau of Justice Statistics compiled from 1980 through 2008 show women make up about 10 percent of homicide offenders nationwide. According to the NAACP Legal Defense Fund, 3,146 people were on the nation's death rows as of Oct. 1, and only 63 — 2 percent — were women.

HUNTSVILLE, Texas (AP) — Richard Cobb never denied using a shotgun to kill a man abducted and shot during a holdup of an East Texas convenience store almost 11 years ago.

A Cherokee County jury sent him to death row and the 29-year-old now is set to die Thursday evening in Huntsville.

Cobb testified at his trial he was forced into fatally shooting 37-year-old Kenneth Vandever because of threats from his holdup partner. That companion, Beunka Adams, was executed last year.

Two women also abducted from the store were shot and left for dead. One of them was raped. But they survived and testified against their attackers.

Attorneys for Cobb are asking the U.S. Supreme Court to stop the punishment. It would be the fourth execution this year in Texas.