EX PARTE CHARLES DEAN HOOD (Concurring Statement)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-41,168-06

EX PARTE CHARLES DEAN HOOD, Applicant

ON APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS

FROM CAUSE NO. W296-80233-90 IN THE

296TH DISTRICT COURT OF COLLIN COUNTY

Price, J., filed a concurring statement.

CONCURRING STATEMENT

For the second time in the past five days the applicant has filed an application for writ of habeas corpus invoking our original habeas corpus jurisdiction. This time he challenges the constitutionality of the Texas protocol for lethal injection. Assuming he could raise the issue in an original writ application, as suggested in Judge Cochran's concurring opinion in Chi, (1) the applicant abuses the writ by attempting to file a claim at this late date when he filed an original application just five days ago and made no attempt to raise the issue then. For these reasons I concur in the Court's order dismissing this latest pleading and denying the applicant's motion for stay of execution.

Filed: June 17, 2008

Do Not Publish

1.

See Ex parte Chi, ___ S.W.3d ___ (Tex. Crim. App., No. AP-75,930, delivered June 9, 2008) (Cochran, J., concurring).