Woods, Bobby Wayne ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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WR-44,856-04

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IN RE BOBBY WAYNE WOODS

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ON PETITION FOR WRIT OF PROHIBITION IN CAUSE NO. 7487 FROM THE 355^TH DISTRICT COURT OF HOOD COUNTY

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Per Curiam.  

ORDER

Relator asks this Court to issue a writ of prohibition ordering the Director of the Texas Department of Criminal Justice - Institutional Division (TDCJ - ID) to refrain from carrying the sentence in his case into execution Thursday, January 17, 2008.

Applicant was convicted of capital murder on May 21, 1998. We affirmed the conviction and sentence on direct appeal. Woods v. State, AP-73,136 (Tex. Crim. App. June 14, 2000). On September 15, 1999, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Woods, WR-44,856-01 (Tex. Crim. App. September 13, 2000). Applicant filed a subsequent application which met the requirements for consideration of claims under Article 11.071, Section 5. After the convicting court conducted a hearing and entered findings we denied relief. Ex parte Woods, WR-44,856-02 (Tex. Crim. App. April 27, 2005).

We find that Respondent Nathaniel Quarterman, Director TDCJ - ID and the Real Party in Interest, Robert Christian, District Attorney, Hood County shall be given the opportunity to respond to the allegations. Any written response shall be filed directly with this Court within thirty days of the date of this order. Specifically, Respondent shall address the question of whether the current method of administering lethal injection in Texas constitutes cruel and unusual punishment such that the respondent would violate the Eighth Amendment if he complied with the Warrant of Execution.

No extensions shall be granted.

IT IS SO ORDERED THE 7^TH DAY OF NOVEMBER, 2007.

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