COLUMBIA, S.C. - South Carolina has set a date of Nov. 1 for its next execution as the state ramps up use of the death penalty after a 13-year pause.

On Friday November 1st, Richard Moore is set to enter the death chamber. Moore must still choose his execution method. He was convicted after shooting and killing James Mahoney during a store robbery in September 1999.

Moore's attorney, Lindsey Vann, is arguing that the circumstances around his case should be considered. Moore shot Mahoney with a gun that he had taken from him.

“Moore’s execution would not be an act of justice; it would be an arbitrary act of vengeance. Moore is not the ‘worst of the worst’ for whom the death penalty is supposed to be reserved. Instead, his death sentence is based on racial discrimination that the judicial system has so far failed to correct.”

The first execution to take place in 13 years was on September 20. State law says at least 35 days must pass between executions.