Supreme Court again rejects Texas appeal

May 31, 2011 at 5:26 PM

WASHINGTON, May 31 (UPI) -- A convicted Texas killer who has twice come within hours of lethal injection lost another appeal Tuesday.

The U.S. Supreme Court lifted a stay on Cleve Foster's execution, the Fort Worth Star-Telegram reported. That allows the trial judge to set a new execution date.

Foster, 47, a former U.S. Army recruiter, was convicted in 2004 of the rape and killing of Nyaneur "Mary" Pal in Fort Worth. He was charged with killing another woman but was never tried.

In January, the high court stayed his execution after Foster had eaten a last meal. The court later refused to hear his appeal but granted another stay April 5.

Foster's lawyers argued that a previous appellate lawyer was not acting in his interest. The high court again decided not to hear the case.

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