Appeals Court Halts Texas Man Scheduled To Be Executed TODAY, Will Texas Execute Him Anyway?

Summary

Podcast Summary:

Amy Robach & T.J. Holmes Present – Appeals Court Halts Texas Man Scheduled To Be Executed TODAY, Will Texas Execute Him Anyway?
Date: May 14, 2026
Hosts: Amy Robach & T.J. Holmes
Podcast: iHeartPodcasts

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Episode Overview

This episode delves into the dramatic, unfolding legal saga of Edward Busby, a Texas death row inmate whose execution—scheduled for the very night of the recording—has been temporarily halted by a federal appeals court. Amy Robach and T.J. Holmes break down the complex legal maneuvering, constitutional questions, and human consequences swirling around Busby’s case, highlighting the rare standoff between state officials and the courts, and probing what may happen next as Texas appears poised to challenge or circumvent the stay.

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Key Discussion Points & Insights

1. The Latest Stay of Execution: Timeline & Confusion

• The scheduled execution for Edward Busby on May 14, 2026, was abruptly halted by a federal appeals court just days prior.
• As of recording, Texas authorities and reporters are left waiting: "We're standing by to see if Texas goes through with it anyway." (T.J., 02:40)
• This is the third time Busby's execution has been stayed—previously in 2020 (due to the pandemic) and 2021 (due to questions about his intellectual capability).
• The legal uncertainty is highlighted by the hosts:

  "I haven't quite heard of a stay like this before." (T.J., 03:39)

2. Legal Arguments: Not About Innocence

• The case is not focused on guilt; Busby confessed, and his accomplice, Kathleen "Kitty" Latimer, is serving life in prison.

  "This is not a case of people are fighting about the innocence of this man. That's not why this stay has now been put in place." (T.J., 04:52) "Busby confessed to this crime, period." (Amy, 09:18)

• At issue: whether Busby is intellectually disabled, a status which would make his execution unconstitutional under the Eighth Amendment.

3. Constitutional Precedent & The IQ Test

• Under current constitutional precedent, people deemed intellectually disabled cannot be executed.

  "No, you cannot, under the 8th amendment, execute someone who has a developmental, a mental disability." (T.J., 05:31)

• The crux: How do courts determine intellectual disability? Is it by a hard IQ score cutoff, or by a holistic review of multiple factors and test results?

  "Do we take a holistic approach after they've taken several tests, or you just take it off one? If they ever score above a certain thing, then they're not disabled." (T.J., 06:54)

• The Supreme Court’s impending decision in a separate Alabama case could set a national standard, impacting Busby’s fate and that of others.

4. Unusual "Texas Standoff"

• Appeals court stay was a 2-to-1 split ruling.
  • Quote from the majority:

    "We must be certain that we apply the proper constitutional rule as to whether and how to determine intellectual disability before states may execute defendants for capital crimes, especially when it is a rule that the Supreme Court imminently will clarify." (Amy, 08:25)

• Texas appears ready to defy the court or force the issue, underscoring tensions between state and federal authorities.

  "Is Texas going to defy a court and say, we don't give a damn if you put a stay in place, we gonna kill a man?" (T.J., 08:08)

• The hosts highlight the cruelty of the limbo for both Busby and the victim’s family, noting the unusual nature of waiting "hours away" for a crucial court or governmental decision:

  "Will they have his last meal? Will they walk him down? ... Usually you're waiting for the governor to call and put a stay. This time you'd be waiting word from the Supreme Court." (Amy, 12:10) "You're waiting usually on the phone to ring to save your life. Tonight, if that phone rings, he's dead." (T.J., 12:33)

5. Victims’ Families & The Stakes

• The hosts reflect on the “agony” faced by the victim’s family as they endure repeated delays and uncertainty:

  "Are they having to look at the clock again, thinking they were going to be traveling to the jail for this thing? Now they're on standby..." (T.J., 09:03)

6. Background: The Crime & Prior Legal History

• Busby was convicted of kidnapping and killing a 77-year-old retired Texas Christian University professor in 2004.
  • The woman was abducted from a grocery store, driven in her own car, forced to provide banking information, and later found dead from asphyxiation at the bottom of an embankment. Only $1,000 was stolen (Amy, 17:36).
• Accomplice Kitty Latimer received a life sentence; Busby received death penalty (Amy, 17:36).

7. Broader Trends: Texas & The Death Penalty

• Texas is known for its high execution rate, but appellate court interventions are becoming more common.
  • If Busby had been executed as scheduled, he would have been the 600th person executed in Texas since reinstatement in the 1970s (Amy, 19:41).
• Other recent Texas cases (David Wood and Robert Robertson) have similarly been halted for further review.

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Notable Quotes & Memorable Moments

• Legal Limbo:

  "Everyone’s punting, everyone’s kicking the can and Texas is saying, you know, we don’t feel like waiting. We’ve been waiting for long enough." (Amy, 17:39)

• Pointed Question:

  "Is Texas going to defy a court and say, we don't give a damn if you put a stay in place, we gonna kill a man?" (T.J., 08:08)

• Constitutional Importance:

  "We must be certain that we apply the proper constitutional rule as to whether and how to determine intellectual disability before states may execute defendants for capital crimes..." (Amy quoting the appeals court, 08:25)

• Personal Impact:

  "I just got chills thinking about that..." (Amy, 08:25)

• On the Process:

  "Will they have his last meal? Will they walk him down? Will he be strapped to the gurney? Will...I mean, are they?" (Amy, 12:10)

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Important Timestamps

• 02:40 – Episode begins in earnest: set-up of the day’s news and tensions
• 04:52 – Clarification that innocence is not in question; it’s about intellectual disability
• 05:31–06:54 – Discussion of constitutional law, intellectual disability, and the Supreme Court’s future role
• 08:08 – Tense discussion of whether Texas might proceed with the execution despite the stay
• 09:18–10:25 – Review of the crime, Busby’s confession, and legal background
• 11:52–12:43 – Speculation on what the night might look like for Busby and Texas officials
• 16:02–17:36 – Post-commercial recap describing the murder in detail and spotlighting the host’s reactions
• 19:41 – Historical context: Busby could be the 600th execution in Texas since the death penalty was reinstated

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Structure & Tone

• Style: Informal but direct, with clear-eyed examination of legal and human elements; the hosts often refer to each other by nicknames (“Robes”) and speak candidly about their own confusion or reactions.
• Overall Tone: Tense, urgent, and probing, reflecting the real-time uncertainty and gravity of the moment.

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Summary Conclusion

Amy Robach and T.J. Holmes provide an up-to-the-moment analysis of a profound legal standoff in Texas, dissecting the constitutional, moral, and logistical implications of Busby’s stayed execution. The episode pulls back the curtain on capital punishment’s legal complexities in the U.S., especially regarding intellectual disability, and spotlights the ripple effects for victims' families, the condemned, and the state’s justice system.

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For more discussion or updates, listeners are encouraged to stay tuned to the podcast as the story develops.

Transcript

[Amy Robach]

This is an iHeart podcast Guaranteed Human

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[Amy Robach]

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[T.J. Holmes]

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[Amy Robach]

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[T.J. Holmes]

It is Thursday, May 14, and an on again, off again execution was scheduled for today in Texas. It's off again and we're standing by to see if Texas goes through with it. Anyway, with that, welcome to this episode of Amy and TJ Robes. This is shaping up to be a hell of a day for Mr. Edward Busby.

[Amy Robach]

It certainly is. And it's been a hell of a past few years because this is the third time his execution has been stayed. And now we are hearing, in fact, reporters are waiting there in the state of Texas to see if the state of Texas will go through with his execution. Despite despite the fact that Friday a federal appeals court put a temporary stay on his execution.

[T.J. Holmes]

Okay. So Robes, as we record this, we are hours away from his scheduled execution. Supposed to happen at 6 o'. Clock.

[Amy Robach]

No, it would be Central Time.

[T.J. Holmes]

Central Time. So 7 o' clock Eastern Time today. We do not know what's going to happen because as you say, Robes, a stay was put in place. It's difficult to kind of explain this stay because it's not a matter of it doesn't even seem like the court wants to make the decision. Ultimately, they kind of punt it. And to see what the Supreme Court is going to do to see if they're going to punt it back. And it's I haven't quite heard of a stay like this before.

[Amy Robach]

Yeah, it's very and maybe to that point, the Texas attorney general on Monday filed a motion with the US Supreme Court to say, yeah, we'd like to vacate that stay and we want to continue or pursue the execution scheduled for Thursday, May 14th. And so they were awaiting word from the Supreme Court, which they're not. They're not known to just respond when you'd like them to. They respond when they're ready to, if at all.

[T.J. Holmes]

And the thing. Okay. And the other thing, they're also Texas, that court is waiting on a Supreme Court decision about a different case that might not come for months.

[Amy Robach]

Correct.

[T.J. Holmes]

Okay. All right. So this is where we are. Can we go back? This is not and I don't know if we've made this clear yet, Robe, this is not a case of people are fighting about the innocence of this man. That's not what we're talking about. That's not why this stay has now been put in place.

[Amy Robach]

Absolutely not. This is all about his intellectual ability and that is what we are talking about because his attorneys have argued that their client was. Was denied funding to test him, but that they went ahead and got two independent tests that prove he is, in fact, intellectually disabled. And that's significant because of our Constitution.

[T.J. Holmes]

Yes, there have been. There is precedent now that, no, you cannot, under the 8th amendment, execute someone who has a developmental. A mental disability. And the. The question here, though, Robes, is what's the cutoff on that IQ test?

[Amy Robach]

Correct.

[T.J. Holmes]

That is what we're talking about.

[Amy Robach]

Correct. Because look this. We mentioned he had two other stays. He was supposed to be executed in 2020 because of the pandemic. We know why that didn't happen.

[T.J. Holmes]

That while the pandemic saved his life.

[Amy Robach]

Correct. Time around bought him at least six more years. But then in 2021, the Texas Court of Criminal Appeals did exactly what's happening right now. They put a stay on his execution because there were questions about his intellect capabilities. But so it went back to a trial court. The trial court denied Busby's claim that he proved that he was intellectually disabled. And so they lifted that stay, and now that execution is set for today. But his attorneys are arguing, once again, because of this other case that the Supreme Court is ruling on, that ruling could affect his appeal about whether or not he's intellectually disabled.

[T.J. Holmes]

I actually followed all that.

[Amy Robach]

Okay, good.

[T.J. Holmes]

That is exactly right. So the other case happens to be one out of Alabama, I do believe.

[Amy Robach]

Yes.

[T.J. Holmes]

So the question that the court is having to consider, yes, there is an agreement or an understanding rogues on all sides that, yes, you can't execute someone. It's cruel and unusual if they are disabled. But what is the IQ cut off for being disabled? And the question is, do we take a. What is a holistic. I think is the word. They keep using a holistic approach after they've taken several tests, or you just take it off one. If they ever score above a certain thing, then they're not disabled. That is fascinating. I think the guy in Alabama scored a 70. A 72. A 74. 74, 75. It was arranged. So which one.

[Amy Robach]

Which score counts?

[T.J. Holmes]

Which one counts?

[Amy Robach]

And look, because of all of this, the Austin Chronicle put it like this. Death penalty opponents are waiting to see if the state will proceed with what opponents would call an unconstitutional execution, they claim. The Austin Chronicle claims Texas officials plan to put Edward Busby to death today despite. Despite this federal appeals court ruling that they need to temporarily put a stay on the execution.

[T.J. Holmes]

We have a literal standoff in Texas, and somebody's life is at stake and the clock is ticking. Is Texas going to defy a court and say, we don't give a damn if you put a stay in place, we gonna kill a man?

[Amy Robach]

I just got chills thinking about that. And the implications of that seems like that is even too far for the state of Texas. And look, this appeals court that. This ruling on Friday, it was a two to one vote. So. And here is what the majority ruling said. They said we must be certain that we apply the proper constitutional rule as to whether and how to determine intellectual disability before states may execute defendants for capital crimes, especially when it is a rule that the Supreme Court imminently will clarify.

[T.J. Holmes]

Imminently.

[Amy Robach]

Could be July.

[T.J. Holmes]

Okay. What's okay? You're okay on these cases? Robes, I'm. I'm not considering. And we always do. Robes, you have to stop. The families of his victims. Where. Where are they right now? What are they thinking? What are they wanting? Are they having to look at the clock again, thinking they were going to be traveling to the jail for this thing? Now they're on stage standby for what to do. They're going through this all over again. And yet you do think about them. But, Robes, when another life is at stake, can we really take a beat for a couple of months and see what. What.

[Amy Robach]

Yeah, it's an interesting question because again, so often when we do these cases, it's about guilt or innocence. It's about whether or not they're actually guilty. If they. If there is new evidence that should be introduced or a new suspect, or there's none of that, because Busby confessed to this crime, period. And in fact, he committed this crime with an accomplice. And she, Kathleen Kitty Latimer, was sentenced to life in prison for her role. So this is not an issue of whether or not he did it or not. It's whether or not he had the intellectual capability to know the difference between right and wrong. Or is it just because it's cruel and unusual to actually not to punish or convict somebody for a heinous crime, but to actually put them to death for said crime?

[T.J. Holmes]

And. And this is how we determine a test. Here's an IQ test, and we'll put your averages together. That really is what the Supreme Court is deciding. Is that the way we're going to determine whether or not we execute somebody? And there's a disproportional amount of people, they will tell you in prison, on death row, who are. Who would score low on these aptitude tests, on these intelligence tests. Right. So Glad we're looking into this, but I don't, I don't want to look into it after the guy's dead.

[Amy Robach]

Yeah, this is, this is a bizarre Texas standoff. And look, is there any possibility, obviously, if the state attorney general on Monday immediately filed this ask to vacate the stay so that they could proceed with the planned execution tonight? Obviously, he thinks there's a chance that they're going to hear back from the Supreme Court if they'll get some sort of understanding as to whether or not they can proceed despite this federal Court of Appeals.

[T.J. Holmes]

And tell me, what's the official word from Texas? They. Are they saying they're moving forward tonight?

[Amy Robach]

They. I have not seen anywhere where they have made that public statement, but I have seen local reporting suggesting that Texas officials are still continuing ahead with their plan. Whether or not that's happening or not, it's really unclear. But this is a potential Texas standoff taking shape throughout the day and not clear when we're going to get word. And what, what is Edward Busby being told by his attorneys? What is he hearing? This is. I've quite seen this happen before.

[T.J. Holmes]

Robes. Don't they have to go through the motions? Don't they have to prepare all day? Yes, I would imagine word comes, I guess that could include going up until 5 o', clock, 6 o', clock, getting him in the room, getting things prepared.

[Amy Robach]

Will they. Will they have his last meal? Will they walk him down? Will he be strapped to the gurney? Will. I mean, are they. Usually you're waiting for the governor to call and put a stay. This time you'd be waiting word from the Supreme Court. Whether or not they can go through with this, it is a remarkable potential scenario unfolding right now in Texas that is so interesting.

[T.J. Holmes]

You're waiting usually on the phone to ring to save your life tonight. If that phone rings, he's dead.

[Amy Robach]

Right?

[T.J. Holmes]

That's a total flip. I didn't see your. Are they going to strap him in and wait?

[Amy Robach]

It's really unclear right now. I can't imagine it would get to that point. But, you know, you never know. That is the point. But when we come back, we're going to talk about the crime itself. Who Edward Busby murdered, why he is sitting on death row, and why he's been there for so many years. If you're always on the lookout for a great audiobook or just want help figuring out what to listen to next, there's a podcast you should know about.

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[Amy Robach]

Welcome back everyone to this episode of Amy and tj. We are awaiting word about whether or not a planned execution in the state of Texas will in fact take place at 6pm local time there in Texas. We're talking about Edward Busby. He is on death row for a heinous crime killing a 77 year old woman. She was a retired Texas Texas Christian University professor and he has been on death row for decades. Now at issue is whether or not his intellectual capacity meets our constitutional standards. Was he intellectually disabled? Is he intellectually disabled? And he has had a stay. This is his third stay of execution. It's been a big back and forth about how courts determine whether or not a person constitutionally can be put to death.

[T.J. Holmes]

I mean, I guess this will settle it eventually. Robes. When they decide out of that Alabama case. But I don't know if I don't know robes. Do you? Retro. What will we feel? We don't know how the court's gonna rule, but robes. This is one of the. I haven't heard one quite like this Texas man. No, I just haven't heard a quite case quite like this in which we are. They actually just want to stand by. We'll wait until they decide on another case. They're not even asking them to decide. That's it. They're not even asking them to decide.

[Amy Robach]

Right.

[T.J. Holmes]

Their particular case. And I guess that's the part that

[Amy Robach]

everyone's punting, everyone's kicking the can and Texas is saying, you know, we don't feel like waiting. We've been waiting for long enough. This murder happened in 2004. 4. We're now in 2026. And he was supposed to be executed in 2020. So here is where we are. And he was convicted of killing. Yes, the 70, 77 year old woman. Here is what happened, what unfolded. He abducted her from a Fort Worth grocery store parking lot and with the intent to rob her. And so Busby and this companion of his who again is serving a life sentence, Kitty Latimer, for her role in all of this. But they put her, threw her in the trunk of her own car, used her vehicle, took her credit cards and a bank check. I think they ended up stealing less than a thousand dollars from this poor woman. But they eventually found her body at the bottom of an embankment. Her mouth had been covered with duct tape and her official cause of death with the autopsy was asphyxiation. So this was just a brutal, horrific, unnecessary crime motivated by money and greed. And Busby confessed to it all pretty quick. Look, Kitty was life in prison. He got the death penalty and now he is. We are waiting word to see whether or not he will in fact be executed tonight. But it's of note, they said this is really unusual. Texas obviously known for its death penalty, its prowess, I guess, or its willingness to follow through on these death penalty cases. But David Wood and Robert Robertson both were set on death row in the state of Texas. Both of them had their execution stayed. Their cases are now in trial court for review. So this would be the third in about a 12 month period of time, if this stay holds, that Texas tried to execute someone and there was some intervention by an appellate court that stopped it.

[T.J. Holmes]

Meanwhile, Florida keeps moving ahead with all of that. This would be, this would, this would have been the what, 11 and 12 were scheduled for today. Yes, to be the 11th and 12th corrections.

[Amy Robach]

And this would be the 6th. I I everyone's making note of this number. I guess it's just because it's a round number. But if in fact we see Busby executed tonight, he will be the 600th person executed in the state of Texas since it was reinstated in the 70s. So we will keep our eye on the state of Texas for you as always, but just wanted to put that on your radar. Thank you as always for listening to us, everyone. I'm Amy Robach alongside T.J. holmes. We will talk to you soon.

[T.J. Holmes]

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