The 5th Circuit Court of Appeals has granted a stay of execution for Texas death row inmate Robert Campbell, who was scheduled to die Tuesday evening. The ruling is based on Campbell’s attorneys’ argument that new evidence shows Campbell is intellectually disabled, and therefore ineligible for the death penalty.

“The Fifth Circuit’s decision today creates an opportunity for Texas to rise above its past mistakes and seek a resolution of this matter that will better serve the interests of all parties and the public,” Robert Owen, one of Campbell’s attorneys, said in a statement. “Mr. Campbell has been fully evaluated by a highly qualified psychologist – a member of the Texas Board of Examiners of Psychologists, appointed to that post by Governor Rick Perry – who confirms he is a person with mental retardation. Therefore, according to the U.S. Supreme Court’s 2002 decision in Atkins v. Virginia, he is ineligible for the death penalty.”

Campbell’s attorneys want their client’s sentence to be reduced to life imprisonment.

Part of the three-judge panel’s written decision reads, “Because of the unique circumstances of this case, Campbell and his attorneys have not had a fair opportunity to develop Campbell’s claim of ineligibility for the death penalty. In light of the evidence we have been shown, we believe that Campbell must be given such an opportunity.”

Today’s decision comes two weeks after a botched execution in Oklahoma, where the inmate sat up, spoke and eventually died of a heart attack. Campbell’s attorneys had initially requested a stay based on that execution, arguing that Texas’ secrecy about its drug manufacturers could lead to the same outcome. That request was denied by the Fifth Circuit of Appeals.