Jamaal Howard: What We Know

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Is Jamaal Howard's execution still scheduled, and what did the court decide? Jamaal Howard was convicted of capital murder in April 2001 in Hardin County, Texas, for the May 12, 2000 killing of Vickie Swartout, 42, a store clerk in Silsbee, and was sentenced to death. Texas has scheduled his execution for Oct. 7, 2026. On Oct. 5, 2026, the Texas Court of Criminal Appeals dismissed his new application, which argued he is intellectually disabled, without reviewing the merits of that claim, and denied his motion to stay the execution.

What's confirmed

1. May 12, 2000Vickie Swartout, 42, is shot and killed during a robbery of a convenience store in Silsbee, Texas. (TDCJ inmate record; Howard v. State, 2004)
2. April 2001a Hardin County jury convicts Howard, then 20, of capital murder; he is sentenced to death. Before trial, two competency proceedings were held; the first jury could not agree, the second found him competent. (Howard v. State; Howard v. Davis, 5th Cir. 2020)
3. At the competency hearings a court-appointed psychologist estimated his IQ at 65 to 70, based on portions of a test; the State's expert disagreed and diagnosed an antisocial personality disorder. (Howard v. State, 2004)
4. Oct. 13, 2004the Court of Criminal Appeals rejects an intellectual-disability claim, writing that the testimony was "not sufficiently developed," and affirms. State habeas relief is denied Dec. 12, 2012; the Fifth Circuit denies a certificate of appealability May 11, 2020. (Howard v. State; docket WR-77,906-01; Howard v. Davis)
5. Sept. 28, 2026his lawyers file a subsequent habeas application and a motion for a stay, arguing he is intellectually disabled and that the Eighth and Fourteenth Amendments bar his execution. (Motion for Stay, WR-77,906-02)
6. Oct. 5, 2026the court finds he "failed to show that his allegation satisfies the requirements of Article 11.071 § 5," dismisses the application "as an abuse of the writ without reviewing the merits of his claim," and denies the stay. (Court order, WR-77,906-02)
7. Oct. 7, 2026The Associated Press reports an appeal to the U.S. Supreme Court is pending, and that the State's position is that he has not presented enough evidence to meet the requirements of an intellectual disability claim.

What we don't know / what's disputed

• The claim that Mr. Howard is intellectually disabled is his lawyers' argument; no court has found that he is, and the Court of Criminal Appeals did not reach the merits this time.
• Whether the U.S. Supreme Court will act.
• Clemency: we could not confirm a decision from the Board of Pardons and Paroles or the governor's office.
• We found no public statement from Ms. Swartout's family, and we do not speak for them.

What happens next

The Court of Criminal Appeals docket, the Texas Department of Criminal Justice and the U.S. Supreme Court docket carry any ruling. We will add an UPDATE line here when the record changes.

Sources

1. Texas Court of Criminal Appeals docket WR-77,906-02 Primary recordsearch.txcourts.gov/Case.aspx?cn=WR-77,906-02&coa=coscca
2. Order, Oct. 5, 2026, and Motion for Stay, Sept. 28, 2026 (same docket)
3. Howard v. State, 153 S.W.3d 382 (Tex. Crim. App. 2004) Primary recordcaselaw.findlaw.com/court/tx-court-of-criminal-appeals/1243680.html
4. Howard v. Davis, No. 19-70018 (5th Cir. May 11, 2020) Primary recordca5.uscourts.gov/opinions/pub/19/19-70018-CV0.pdf
5. TDCJ scheduled executions Primary recordtdcj.texas.gov/death_row/scheduled_executions.html
6. TDCJ death row record #999383 Primary recordtdcj.texas.gov/death_row/dr_info/howardjamaal.html
7. The Associated Press, Oct. 7, 2026 Reportingnews4jax.com/news/2026/10/07/texas-set-to-execute-man-for-fatally-shooting-a-convenience-store-clerk-during-robbery-in-2000/
8. KBMT 12News (Sept. 10, 2026); The Austin Chronicle (Oct. 1, 2026)
9. Map data: U.S. Census TIGER

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