At his second trial in 2001, a woman eventually chosen as a juror lied during jury selection and failed to disclose domestic violence, messy divorces and a child custody battle that were "bizarrely similar" to Sallie's case, his lawyers said. They add she later bragged to his attorneys' investigator that she persuaded her divided peers to vote unanimously for death. The defense team made those arguments in a clemency petition to the Georgia Board of Pardons and Paroles, urging it to act as a "fail safe" against a miscarriage of justice. But the board, the only authority in Georgia with power to commute a death sentence, declined to spare Sallie's life following a clemency hearing Monday. Sallie's lawyers asked the U.S. Supreme Court to stop the scheduled execution, but it declined. They argued that the high court's ruling in a pending Texas case with ineffective counsel issues could remove the procedural bars that are keeping the lower federal courts from considering their juror-bias claims. Attorneys for the state have argued the Texas case isn't similar enough that its outcome would affect Sallie, particularly because that case doesn't involve a federal petition that wasn't filed on time. Furthermore, they argue, even if the issues were identical, the federal appeals court in Atlanta is bound by its own precedent -- which doesn't allow such an extraordinary admission of the procedurally barred evidence -- and not by the future possibility of new precedent from the Supreme Court. Sallie's lawyers also have argued in a state court petition that carrying out his execution would violate his constitutional rights. Lawyers for the state rejected those claims and a court dismissed the petition. Sallie's lawyers appealed to the state Supreme Court, which on Tuesday declined to stop his scheduled execution. His lawyers appealed to the U.S.
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