Lower Court Holding in Ex Parte Moore
Decision of the Texas Court of Criminal Appeals
In 1980, appellant was convicted of capital murder and sentenced to death for fatally shooting a 70-year-old grocery clerk, James McCarble, in Houston, Texas, while committing or attempting to commit robbery. We affirmed the 1980 conviction and sentence. Following a grant of Federal habeas corpus relief, the trial court held a new punishment hearing in February 2001. Appellant again received a death sentence. We affirmed the trial court’s judgment on direct appeal. In this initial writ application challenging his 2001 punishment retrial and death sentence, applicant raises 48 claims for relief. In January 2014, the habeas judge held a two-day…
