RICHMOND, VA (WWBT) - The man convicted of the 2006 vicious murders of the Harvey and Tucker families has had his appeal denied.
In a brief filed in April, Ricky Javon Gray's lawyers said he should be able to argue that his trial lawyers did not perform to acceptable standards.
"According to Gray, the state court made an 'unreasonable determination of the facts' by ignoring his evidence and by resolving factual disputes without an evidentiary hearing. We find neither contention persuasive," wrote Judge Diaz in the opinion.
The U.S. 4th Circuit Court of Appeals denied Gray's appeal 12-5. An execution date for the death row inmate will now be able to be set.
Gray was sentenced to death for the 2006 New Year's Day murders of Stella and Ruby Harvey, daughters of Bryan and Kathryn Harvey, who were also killed with the help of Ray Dandridge. A week later, Percyell Tucker, his wife Mary and their daughter, Ashley Baskerville - who was an accomplice in the Harveys' murder - were also killed.
Dandridge, is serving a life sentence.
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