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Convicted Killer Of Mom, Child, Loses Appeal

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File photo of a judge's gavel. (Photo by Joe Raedle/Getty Images)

File photo of a judge’s gavel. (Photo by Joe Raedle/Getty Images)

HOUSTON (AP) — The state’s highest criminal appeals court has upheld a lower court’s ruling rejecting an appeal for a Fort Worth man sent to death row for killing his pregnant ex-girlfriend and her 7-year-old son eight years ago.

The Texas Court of Criminal Appeals on Wednesday denied an appeal from 46-year-old Stephen Barbee. He was condemned for the February 2005 suffocations of Lisa Underwood and her son, Jayden, at their home in Fort Worth. Both were found buried in a shallow grave in nearby Denton County.

Prosecutors said Barbee didn’t want his wife of four months to know that Underwood was seven months pregnant, presumably by him. But DNA evidence at his 2006 trial revealed Barbee wasn’t the father.

Barbee doesn’t have an execution date.

(© Copyright 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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