Three of the nine judges on the court indicated support Wednesday for a rehearing sought by prosecutors in the case of 51-year-old Steven Staley.
In September, the court ruled a state judge lacked the authority to order the involuntary medication of Staley, who has a history of mental illness. Staley was convicted for the 1989 shooting death of a Fort Worth restaurant manager, Bob Read, during a botched robbery.
Tarrant County prosecutors insist he's competent for execution.
Staley's attorneys say it's only because a judge in Fort Worth improperly ordered Staley be given drugs to make him competent.
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