RICHMOND, Va. (AP) — A federal appeals court has rejected a North Carolina death row inmate’s appeal.
A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond unanimously ruled Tuesday that Errol Moses waited too long to try to revive his claim that his attorney failed to perform to constitutional standards.
Moses was convicted in 1997 of first-degree murder in the shooting deaths of Ricky Nelson Griffin and Jacinto E. Dunkley. Testimony indicated the slayings were drug-related. Moses received two death sentences.
Moses claimed U.S. Supreme Court rulings in 2012 and 2013 that changed post-conviction procedures allowed him to revive a previously unsuccessful ineffective assistance of counsel claim. The appeals court said Moses didn’t seek relief until 15 months after the second ruling — a delay that the court called unreasonable.