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Thu, Dec 04 2008 

Published August 21, 2006 09:46 pm - James Patrick Malicoat was to be executed Tuesday for the beating death of his 13-month-old daughter nine years ago. The Court of Criminal Appeals on Monday reset the execution for Aug. 31 so he can testify in a case involving Gary Thomas Allen, also a death-row inmate.


Appeals court delays scheduled execution


Associated Press

CHICKASHA

OKLAHOMA CITY (AP) - A state appeals court delayed the scheduled execution of a death-row inmate so he can testify in a hearing for another condemned killer.

James Patrick Malicoat was to be executed Tuesday for the beating death of his 13-month-old daughter nine years ago. The Court of Criminal Appeals on Monday reset the execution for Aug. 31 so he can testify in a case involving Gary Thomas Allen, also a death-row inmate.

Allen's scheduled execution was stayed and a jury trial on the issue of competency is schedule for December in Pittsburgh County.

Allen's counsel filed for a temporary stay of execution for Malicoat so Malicoat could appear as a witness at Allen's trial or appear at a deposition hearing on the Allen case.



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