Howard was found guilty of capital murder in 2001 for robbing a convenience store in Silsbee, north of Beaumont, and fatally shooting 42-year-old clerk Vickie Swartout. His lawyers have argued that he was intellectually disabled at the time of the crime and thus ineligible for the death penalty under a 2002 Supreme Court ruling. They also argue the execution carries risks similar to Pike's case. "There is a similar risk," his attorneys wrote in court papers.
Pike survived two doses of pentobarbital, the same sedative Texas plans to administer to Howard, and complained her arms felt like they were going to explode. She regained consciousness on Tuesday, and her lawyers say she has pneumonia and cannot move her arms. Her execution was the second botched lethal injection in Tennessee this year. Tennessee Governor Bill Lee has barred further lethal injections in the state for the rest of the year and ordered a probe into why Pike's execution failed. A judge has also ordered officials to preserve all evidence tied to the botched execution. Speculation has focused on the quality of the pentobarbital used, and Pike's lawyers had previously argued that a blood disorder would make lethal injection painful.