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Old 04-24-2007, 12:09 PM
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Default San Antonio death-row inmate loses high court appeal

San Antonio death-row inmate loses high court appeal

By MICHAEL GRACZYK Associated Press Writer


HOUSTON — A street gang member condemned for his role as the driver of the car used during a fatal shooting amid a night-long robbery spree lost an appeal Monday before the U.S. Supreme Court.


Kenneth Eugene Foster, 30, in his third appeal to the high court, had been arguing his capital murder conviction in the 1996 shooting death of Michael LaHood Jr., 25, was unconstitutional.


A federal district judge had agreed with Foster that the Bexar County jury that convicted him and decided he should be executed may not have properly determined he acted recklessly in the slaying, a condition of his death sentence. The judge also agreed with Foster's questioning of whether he played a major role in the activities leading to LaHood's death.


The 5th U.S. Circuit Court of Appeals last October, however, reversed the lower court ruling and Foster asked the Supreme Court to review the reversal. The justices Monday refused.


Foster does not have an execution date.

Mauriceo Brown, 31, one of his three companions during the 1996 robbery wave, was executed last year. Brown was identified as the LaHood's shooter.
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