EX PARTE BOBBY WAYNE WOODS (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-44,856-03 & WR-44,856-04

EX PARTE BOBBY WAYNE WOODS

ON SUBSEQUENT APPLICATION FOR WRIT OF HABEAS CORPUS AND APPLICATION FOR WRIT OF PROHIBITION

IN CAUSE NO. 7487 IN THE 355TH DISTRICT COURT

HOOD COUNTY

Per Curiam. PRICE and JOHNSON, JJ., dissent for the reasons stated in their respective opinions in Ex parte Alba and Ex parte Chi.

O R D E R

We have before us an application for writ of habeas corpus and a motion for leave to file a writ of prohibition. Applicant/relator asserts that the chemicals used by Texas during execution by lethal injection would violate his Eighth Amendment right against cruel and unusual punishment.

Applicant was convicted of capital murder on May 21, 1998. We affirmed the conviction and sentence on direct appeal. Woods v. State, No. AP-73,136 (Tex. Crim. App. June 14, 2000)(not designated for publication). On September 15, 1999, applicant filed his initial post-conviction application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Woods, No. WR-44,856-01 (Tex. Crim. App. Sept. 13, 2000)(not designated for publication). Applicant filed a subsequent application in which he asserted that he was mentally retarded. We held that the application met the requirements of Article 11.071, § 5, and remanded the case to the trial court for consideration of the claims raised. After the convicting court conducted a hearing and entered findings, we denied relief. Ex parte Woods, No. WR-44,856-02 (Tex. Crim. App. Apr. 27, 2005)(not designated for publication).

The instant subsequent application and motion for leave to file a writ of prohibition challenging Texas' execution protocol were received by this Court on October 15, 2007. We have reviewed applicant's subsequent application and find that it should be dismissed. See Ex parte Alba, S.W.3d , No. AP-75,510 (Tex. Crim. App. June 9, 2008). We have reviewed the application for the writ of prohibition and deny leave to file. See Ex parte Chi, S.W.3d , No. AP-75,931 (Tex. Crim. App. June 9, 2008).

IT IS SO ORDERED THIS THE 10TH DAY OF SEPTEMBER, 2008.

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