Press accounts note a stay out of Texas. Rolando Ruiz had been scheduled to die Tuesday night. It is impossible to know exactly why the stay was issued, as of yet, since the Fifth Circuit has not released an opinion on the stay. Additionally, and unfortunately, the Fifth Circuit does not yet make available PDF copies of pleadings. The pleadings in the Western District of Texas STRONGLY suggest this is not an Atkins stay (as some have suggested privately) but a stay relating to the performance of penalty phase trial counsel and possibly challenging the legitimacy of the Texas state postconviction process as for procedural default &/or the applicability of Rule 60(b).
More as we get more.
The lower court pleadings are here.Congrats to counsel Chris K. Gober, Esq (San Antonio), & Morris Moon, Esq. (Texas Defender Service).
[edited to correct an error relating to SCOTUS action in the case.]