Lawyers for a Spartanburg man on death row have filed a motion to delay his execution by electric chair or firing squad.
The motion comes after the SC Supreme Court issued a new April 29 execution date for Richard Moore, who was convicted of murdering a Spartanburg convenience store employee in 1999.
Moore is required to decide his method of execution between the electric chair and a firing squad within 14 days of his execution, according to state law.
Lindsey Vann, attorney for Richard Moore, said a motion to stay was filed Thursday night, pointing out that Moore was sentenced to death before new state legislation allowing execution by electric chair or firing squad. execution instead of lethal injection.
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“We filed a motion last night with the South Carolina Supreme Court asking them to stay the execution until a decision on the trial can be made on whether the new law applies to Moore” , Vann said. “There are things pending in court and we need the stay of execution to allow time to go through everything in an orderly fashion.”
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Governor Henry McMaster signed into law a bill last May making the electric chair the state’s default method of execution and making the firing squad an alternative method.
Moore was convicted of the murder of 42-year-old James Mahoney at Nikki’s Speedy Mart in the community of Whitney on September 16, 1999.
Moore was scheduled to be executed on December 4, 2020, but the state Supreme Court delayed it because the SC Department of Corrections does not have the drugs for lethal injection.
South Carolina has not had lethal injection drugs since 2013 because it is not one of 14 states with shield laws protecting drug companies from prosecution if the drugs are used during an execution.
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