May 2, 2012 9:45 PM by Jacqui Heinrich
HUNTSVILLE, Texas (AP) - A federal appeals court says it won't overturn a district judge's reprieve for a Texas man convicted of killing a neighbor and stealing his motorcycle while on parole for rape.
The decision by the 5th U.S. Circuit Court of Appeals means condemned inmate Anthony Bartee won't be put to death Wednesday evening.
Bartee was set for lethal injection Wednesday for the 1996 shooting and stabbing death of 37-year-old David Cook at the victim's home in San Antonio.
Attorneys for the 55-year-old Bartee have argued that he's entitled to additional DNA testing of crime scene evidence to possibly exclude him as the killer. The appeals court says it wants more information from lawyers.
State attorneys contend that numerous tests on evidence have already been done and there's nothing left to test.