Moore v. Quarterman

MEMORANDUM OPINION AND ORDER DENYING RELIEF

ROYAL FURGESON, District Judge.

Petitioner Frank Moore filed this federal habeas corpus action pursuant to Title 28 U.S.C. Section 2254 challenging his July, 1999 Bexar County conviction for capital murder and sentence of death. For the reasons set forth below, petitioner is entitled to neither federal habeas corpus relief nor a Certificate of Appealability.

I. Statement of the Case

A. The Events of January 21, 1994.

There is no genuine dispute over the facts that (1) during the early morning hours of January 21, 1994, petitioner took an assault rifle…