The Texas Court of Criminal Appeals has denied the final appeal of death row prisoner Kenneth Foster, who is scheduled to be executed on August 30. In a six-to-three decision, the appeals court denied Foster’s final writ of habeas corpus. Foster’s last recourse is the Board of Pardons and Paroles and Texas Governor Rick Perry. According to Foster’s criminal attorney, Keith Hampton, five of the seven board members must recommend clemency in order for Governor Perry to consider granting it. Foster is scheduled to be executed under a controversial Texan law known as the law of parties. The law imposes the death penalty on anybody involved in a crime where a murder occurred. In Foster’s case, he was driving a car 11 years ago with three passengers. One of the passengers left the car, got into an altercation and shot a man dead. At the time of the shooting, Kenneth Foster was 80 feet away in his car. Since Foster’s original trial, the other passengers have testified that Foster had no idea a shooting was going to take place. According to supporters of Foster, Texas is the only state where you can be factually innocent of murder and still be sent to death row.