Court Upholds Death Sentence in 1991 Slaying

By: Michael Graczyk, Associated Press
By: Michael Graczyk, Associated Press

HOUSTON (AP) The Texas Court of Criminal Appeals has upheld a second death sentence for a man convicted of fatally stabbing a Houston man and inscribing his victim's stomach with a swastika and initials of a skinhead group.

The court Wednesday rejected arguments from inmate Brian Davis that the judge made numerous errors at a new punishment hearing the appeals court ordered for him in 2009. Davis was condemned for the 1991 murder of 31-year-old Michael Foster at Foster's suburban Houston apartment.

Davis blamed his ex-wife for stabbing Foster 11 times, beating and robbing him and using a pen to inscribe the swastika and the letters "NSSH" - which stood for National Society of Skinheads.

In 2002, Davis got within two hours of execution before winning a U.S. Supreme Court reprieve.

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