Texas Death Row Inmate Appealing to SCOTUS for Stay of Execution

Attorneys for a Texas inmate convicted of fatally stabbing two Houston-area brothers in their home more than 30 years ago are appealing to the U.S. Supreme Court for a stay of execution.

Rick Rhoades was convicted for the 1991 killings of Charles Allen, 31, and Bradley Allen, 33. Rhoades was sentenced to death and is set to be executed by lethal injection at the state penitentiary in Huntsville.

Rhoades' attorneys are appealing to the Supreme Court to stop his execution, arguing that his constitutional right to due process is being violated because he is being prevented from pursuing claims that some jurors at his trial were dismissed due to racial bias.

Several courts have rejected the allegation that two Black jurors were dismissed due to racial bias, including an appeals court in 2019. Rhoades is white.

For more reporting from the Associated Press, see below:

Lethal Injection Death Penalty
Rick Rhoades, convicted of fatally stabbing two brothers in 1991, is scheduled to be executed via lethal injection at the state penitentiary in Huntsville, Texas on September 28. The execution bed sits empty on Death Row April 25, 1997, at Texas Death Row in Huntsville, Texas. Per-Anders Pettersson/Liaison via Getty Images

The Allen brothers were killed less than a day after Rhoades had been released on parole after serving a sentence for burglary.

"We hope the Allen family finds peace after nearly 30 years of waiting for justice for their loved ones. The death penalty should be reserved for the worse of the worst, and a Harris County jury determined long ago that this defendant fits the bill. Let us honor the memory of the victims, Charles and Bradley Allen, and never forget that our focus has and always will be on the victims," Harris County District Attorney Kim Ogg said in a statement.

In July, Rhoades' attorneys filed a federal lawsuit against state District Judge Ana Martinez in Houston over a request they had made that the judge order prosecutors to release information related to allegations some jurors were dismissed based on racial discrimination. Martinez ruled she lacked jurisdiction to consider the request. The suit was dismissed earlier this month by a Houston federal judge, who also declined to stay the execution. The 5th U.S. Circuit Court of Appeals on Monday upheld the suit's dismissal and also declined to stay the execution.

Rhoades' attorneys have previously unsuccessfully argued in other appeals: that his constitutional rights were violated when childhood photos depicting Rhoades in normal, happy activities and designed to show he was nonviolent and would do well in prison were excluded during his trial's punishment phase; that a state investigator gave false testimony at his trial over whether Rhoades could receive an unaccompanied furlough if sentenced to life in prison; and that "evolving standards of decency" prohibit executions as a punishment for murder.

"A 2020 Gallup poll on Americans' attitudes regarding capital punishment shows that public support for the death penalty is at its lowest in a half-century, with opposition higher than any time since 1996," David Dow and Jeffrey Newberry wrote in a court motion last month.

Rhoades, 57, had a long criminal history, including convictions for burglary and auto theft in Florida, Iowa and Texas, when he broke into Charles Allen's house in the Houston suburb of Pasadena.

The home, located near where the siblings' parents lived, had just been custom built for Charles Allen and he had invited his brother to temporarily live with him. The two brothers had recently gone through separate divorces.

Charles Allen, who played the piano and had dreams of a musical career, worked as a chemical operator at a local refinery. Bradley Allen worked as a freelance artist.

At trial, prosecutors told jurors the siblings were asleep when Rhoades broke into their home in the early morning hours and attacked Charles Allen as he was in his bed. Bradley Allen was killed when he came to his brother's defense.

An arrest in the case wasn't made until about a month later when Rhoades was caught burglarizing an elementary school. While in custody, Rhoades confessed to killing the brothers. But he claimed it was done in self-defense after exchanging words with Charles Allen as Rhoades took a walk at 2:30 a.m.

"I was tired of running. I wanted to tell what happened," Rhoades said in his confession.

If Rhoades is executed, he would be the third inmate put to death this year in Texas and the sixth in the U.S.

Rick Rhoades
Rick Rhoades faces execution September 28 for fatally stabbing two Houston area brothers during a robbery in their home more than 30 years ago. This undated handout photo provided by the Texas Department of Criminal Justice shows inmate Rick Rhoades. Texas Department of Criminal Justice via AP