Kimberly Cargill of Whitehouse is one of four condemned inmates in Texas that lost their appeals at the US Supreme Court on Monday.
Cargill was convicted and put on death row for causing the asphyxiation of 39-year-old Cherry Walker in June 2010. Court records show her lawyers have until late April 2018 to file a more extensive appeal in a federal district court and that state attorneys will have three months to respond to that appeal.
At her trial, prosecutors said Cargill was facing a child abuse investigation and that she had already lost custody of one of her two children. They argued she killed Walker to keep her from testifying at a custody hearing. Walker's body, found on the side of a road in Smith County, had been doused with lighter fluid and set on fire. An autopsy determined she was asphyxiated.
Cargill testified that Walker had suffered a seizure and stopped breathing while she was driving Walker home, and that she panicked and didn't seek medical help.
The high court also refused to review the appeals of Raul Cortez, 36, sentenced to die for a 2004 quadruple fatal shooting in the Dallas suburb of McKinney; Rosendo Rodriguez III, 37, convicted of the 2005 slaying of a pregnant Lubbock woman; and Damon Matthews, 32, on death row for the 2003 Houston killing of a friend whose car was stolen during the crime.
The court did not comment on its reasons for refusing the appeals. None of the four prisoners has an execution date.