O'Brien, Derrick Sean

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



WR-51,264-03

EX PARTE DERRICK SEAN O'BRIEN

ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. 9402971 FROM THE

184TH DISTRICT COURT OF HARRIS COUNTY

Per Curiam. Cochran, J., filed a concurring statement in which Keller, P.J., and Keasler and Hervey, JJ., joined. Price, J. filed a dissenting statement in which Holcomb, J., joined. Johnson, J., filed a dissenting statement. Womack, J., dissents.

ORDER



This is a subsequent application for habeas corpus in which applicant advances an Eighth Amendment claim, asserting that he might suffer pain during the administration of the chemicals during lethal injection.

Applicant was convicted of capital murder on April 9, 1994. We affirmed the conviction and sentence. O'Brien v. State, no. 71,859 (Tex.Crim.App. May 15, 1996). On December 16, 1997, applicant filed his initial application for writ of habeas corpus pursuant



O'BRIEN -2-

to Article 11.071. On August 23, 2001, applicant filed a supplemental application for writ

of habeas corpus. We denied relief on his initial application and dismissed, as an abuse of the writ, his untimely subsequent application. Ex parte O'Brien, No. WR-51,264-01, WR-51,264-02 (Tex.Crim.App. February 6, 2002). On May 15, 2006, we issued a stay of the execution to review applicant's second subsequent application for writ of habeas corpus.

We have now reviewed this subsequent application and find that it should be dismissed. Our order of May 15th, 2006, staying the proceedings in this case is lifted.

IT IS SO ORDERED THIS THE 17th DAY OF MAY, 2006.

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