Appeals court overturns stay of execution in Texas

By Jon Herskovitz AUSTIN, Texas (Reuters) – Texas will carry out the execution of convicted murderer Ramiro Hernandez this week after a U.S. appeals court on Monday ruled that the state does not have to reveal where it gets its lethal injection drug. Texas is set to execute Hernandez, a 44-year-old Mexican native, on Wednesday for breaking into the home of a couple in 1997, beating a man to death and raping his wife. A three-judge panel from the U.S. Court of Appeals for the 5th Circuit Court said the drug used by Texas was effective and there was no compelling evidence that protections provided by the U.S. Constitution would be violated under current procedures. The 5th Circuit made a similar decision last week when it reversed a stay for another inmate, Tommy Lynn Sells, who was executed last Thursday.