The Supreme Court ordered the the stay to remain until justices decide whether they will grant Madison's writ of certiorari, or if they will review the case.
Madison's attorneys argued that strokes and dementia have left Madison unable to remember killing Schulte or fully understand his looming execution.
Alabama Attorney General Steve Marshall said Friday that Madison was using "delay tactics" and the state "will continue to pursue the execution of his death sentence".
Madison has been convicted three times in the shooting of Mobile police Cpl. "Mr. Madison suffers from vascular dementia as a result of multiple serious strokes in the last several years, and no longer has a memory of the commission of the crime for which he is to be executed". Schulte had responded to a call about a missing child made by Madison's then-girlfriend. Though the jury recommended a sentence of life in prison during the sentencing phase of his trial, Judge Ferrill McRae overrode their decision and sentencing him to death.
Fox Cities homeless count finds 12 people sleeping outdoors
The youth survey results will help establish the need, and show the willingness to address that need, Querry said. Homeless Count 2018's Jennifer Westerman says volunteers in their group encourage the homeless to move indoors.
The state has asked the court to let the execution proceed Thursday.
Attorney Bryan Stevenson said they were "thrilled" by the ruling and killing Madison would have been "unnecessary and cruel", reports the Associated Press.
Justices noted then that federal courts' review of Madison's case is constrained because of a 1996 law meant to limit federal judges' second-guessing of state court decisions. The Supreme Court has previously ruled that condemned inmates must have a "rational understanding" that they are about to be executed and why. Alabama lawmakers in 2017 changed the law to no longer allow a judge to override a jury's sentence recommendation in death penalty-eligible cases.
His attorneys from the Equal Justice Initiative, based in Montgomery, filed a petition Wednesday with the Supreme Court.
They said in their petition that the state failed to disclose that a court-appointed psychologist who evaluated Madison was addicted to narcotics and had been suspended from his practice for forging prescriptions, making his findings invalid.