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Texas killer of 2 loses high court appeal

WASHINGTON, D.C. — The Supreme Court has turned down an appeal from a death row in inmate in Texas whose lawyers say they have been unable to get a court to consider claims that their client is mentally retarded, and thus ineligible for execution.

The court did not comment Monday in rejecting an appeal from Milton Mathis, who was convicted in the shooting deaths of two men in 1998.

Mathis’ lawyers said courts have never ruled on their contention, backed by expert testimony, that Mathis is mentally retarded. In 2002, the high court outlawed the execution of the mentally retarded.

The case is Mathis v. Thaler, 10-855.

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