It's the day before a Texas man is to be executed for a rape and murder, and his petition for a stay arrives at the Court. As usual, Nolan has the swing vote. Recent DNA evidence throws his guilt into question, but the Court can't rule on that. It can consider procedural matters, though, so Kate's clerks scour the trial record (and play devil's advocate with each other). Meanwhile, Harlan, who's covering the story in Texas with Betsy, receives an intriguing proposal from an old girlfriend.