IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
IN CAUSE NO. 97-8-3675 FROM THE
24TH DISTRICT COURT OF REFUGIO COUNTY
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 22, 1999. We affirmed the conviction and sentence. Herron v. State, 86 S.W.3d 621 (Tex.Crim.App. 2002). After reviewing applicant's timely filed writ of habeas corpus, we denied relief. Ex parte Herron, No. WR-52,280-01 (Tex.Crim.App. November 13, 2002).
Herron -2-
We have reviewed this subsequent application and find that it should be dismissed, and the motion for stay of execution is denied.
IT IS SO ORDERED THIS THE 17TH DAY OF MAY, 2006
*Price and Holcomb, JJ., dissent for the reasons stated in Judge Price's dissenting statement in Ex parte Derrick Sean O'Brien, Writ No. 51,264-03.
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