Hinojosa, Richard ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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WR-46,974-02

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EX PARTE RICHARD HINOJOSA

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ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. 1995CR4325 FROM THE 227^TH DISTRICT COURT OF BEXAR COUNTY

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Per Curiam. Price, J., dissents for the reasons expressed in his dissent in Ex parte O'Brien, 190 S.W.3d 677 (Tex.Crim.App. 2006). Johnson, J., filed a dissenting statement.

ORDER

This is a subsequent application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5, and a Motion for Stay of Execution. Applicant asserts the chemical protocol used by the State of Texas could amount to the infliction of cruel and unusual punishment in violation of the United States Constitution.

Applicant was convicted of capital murder on July 25, 1997. This Court affirmed the conviction and sentence on direct appeal on October 27, 1999. Hinojosa v. State, 4 S.W.3d 240 (Tex.Crim.App. 1999). On July 20, 1999, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Hinojosa, No. WR-46,974-01 (Tex.Crim.App. January 31, 2001). Applicant's subsequent application and motion for stay were filed in the convicting court on June 30, 2006.

We have reviewed applicant's second subsequent application and find that it should be dismissed. Ex parte O'Brien, 190 S.W.3d 677 (Tex.Crim.App. 2006). Applicant's motion for stay of execution is denied.

IT IS SO ORDERED THIS THE 11th DAY OF August, 2006.

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