Of the 367 prisoners on death row in Texas, only five others have served more time there than Powell, who arrived on death row in October 1978. That was a month after his first conviction. His most recent retrial was in 1999.
In April, the New Orleans-based appeals court agreed Powell could consider three appeal claims, then held a hearing last month. In its ruling posted late Wednesday, the court upheld a lower court ruling rejecting the claims.
Albanedo had stopped a car driven by Powell's girlfriend near downtown Austin for not having a rear license tag. Evidence shows that Powell, who was a passenger, opened fire on Albanedo and killed him.
In his time on death row, and off drugs, court records show he has become a model prisoner.
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