Morrow, Ricky Eugene v. Mark Nancarrow

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO.6,208-10

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RICKY EUGENE MORROW

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MOTION FOR REHEARING FROM DALLAS COUNTY

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Per Curiam. Keller, P.J. , and Keasler, J., not participating.

O R D E R

     A Dallas County jury convicted relator of Capital murder and he was sentenced to death. His conviction and sentence was affirmed on direct appeal. Morrow v. State, 910 S.W.2d 471 (Tex.Crim.App. 1995), cert. denied, 517 U.S. 1192 (1996). Relator filed a post-conviction application for writ of habeas corpus in the convicting court on October 21, 1996. Respondent recused himself from hearings on the writ application. This Court denied relief, following the recommendations of the assigned judge. Ex parte Morrow, No. 6,208-09 (Tex.Crim.App. 2000). Relator filed a petition for writ of habeas corpus in federal court. Shortly after the Fifth Circuit denied relief and denied rehearing, Morrow v. Dretke, 367 F.3d 309 (5th Cir. 2004), respondent, the presiding judge of the convicting court, signed an order on June 1, 2004, setting relator's execution, for October 20, 2004.

Morrow -2-

Earlier today the Court denied Relator's Motion for Leave to File Petition for Writ of Mandamus and Stay of Execution.

Relator's motion for rehearing has been received by this Court. After reviewing the argument of counsel, the motion is denied.   

IT IS SO ORDERED THIS THE 20^TH DAY OF OCTOBER, 2004.