death penalty news—–TEXAS

Oct. 17

TEXAS—-new execution date

Execution date set for S.A. gang member

A San Antonio gang member sent to death row for gunning down 2 people
outside a bar more than 14 years ago had his execution date set Friday for
January 21.

Frank Moore, 49, lost a federal court appeal in July. He was tried twice
for the 1994 slayings of Samuel Boyd, 23, who was shot 6 times with a
rifle, and Patrick Clark, 15, who was shot 5 times. Evidence showed both
victims were shot while they were sitting in a car outside the Wheels of
Joy Club.

The Texas Court of Criminal Appeals threw out his conviction in 1998
because jurors were not allowed to consider lesser charges of voluntary
manslaughter and murder. Bexar County prosecutors retried Moore the
following year and a jury convicted him of capital murder and again
sentenced him to die.

It's that conviction and sentence the 5th U.S. Circuit Court of Appeals
upheld by refusing to grant what's known as a certificate of
appealability, which would allow Moore's appeals to move forward.

(source: San Antonio Express-News)