EX PARTE CHARLES DEAN HOOD (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-41,168-06

EX PARTE CHARLES DEAN HOOD

ON APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS

IN CAUSE NO. W296-80233-90 FROM THE

296TH DISTRICT COURT OF COLLIN COUNTY

Per Curiam. Price, J., filed a concurring statement. Johnson, J., dissents for the reasons stated in her opinions in Ex parte Alba and Ex parte Chi.

ORDER

We have before us an original application for writ of habeas corpus, a motion for leave to file that application, and a motion for stay of execution. Applicant asserts his execution will violate his Eighth Amendment right against cruel and unusual punishment.

Applicant was convicted of the capital murder of Ronald Williamson and Tracie Lynn Wallace. The jury answered the special issues in such a manner that a sentence of death was imposed on August 29, 1990. This Court affirmed the conviction and sentence on direct appeal. Hood v. State, AP-71,167 (Tex. Crim. App. November 24, 1993) cert. denied, 513

HOOD -2-

U.S. 834 (1994). Applicant's initial application for writ of habeas corpus was denied. Ex parte Hood, WR-41,168-01 (Tex. Crim. App. April 21, 1999). Applicant filed a subsequent application in the trial court on May 24, 2004. The subsequent application was dismissed. Ex parte Hood, WR-41,168-02 (Tex. Crim. App. April 13, 2005). Applicant filed a second subsequent application on June 22, 2005. We remanded to the convicting court for resolution of the claim. When the case was returned to this Court we held that applicant had, in fact, not met the requirements of Article 11.071, Section 5, for consideration of subsequent claims and dismissed his application. Ex parte Hood, 211 S.W.3d 767 (Tex. Crim. App. 2007). On May 6, 2008, applicant moved this Court to reconsider his direct appeal, we denied the motion. Hood v. State, No. AP-71,167 (Tex. Crim. App. May 14, 2008). Applicant filed a subsequent application for writ of habeas corpus and an original application for writ of habeas corpus on June 12, 2008. We dismissed the application filed under Article 11.071 and denied leave to file the original application. Ex parte Hood, WR-41,168-04 & WR-41,164-05 (Tex. Crim. App. June 16, 2008). The claim raised today could have been raised in the June 12, 2008 applications, but was not.

Leave to file the application is denied and applicant's motion for stay of execution is denied.

IT IS SO ORDERED THIS THE 17TH DAY OF JUNE, 2008.

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