DocketNumber： WR-46,058-05
Filed Date： 6/11/2008
Status： Precedential
Modified Date： 9/15/2015
We have before us an original application for writ of habeas corpus, a motion for leave to file that application, and a motion for stay of execution. Applicant asserts his execution will violate his Eighth Amendment right against cruel and unusual punishment.
Applicant was convicted of capital murder on June 5, 1997. We affirmed the conviction and sentence on direct appeal. Chamberlain v. State, 998 S.W.2d 230 (Tex. Crim. App. 1999). On November 30, 1999, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Chamberlain, WR-46,058-01 (Tex. Crim. App. September 13, 2000). Applicant moved to reopen his initial application, but his motion was denied without written order on November 11, 2007. Applicant then filed a Suggestion that the Court Reconsider Motion to Reopen on Its Own Initiative, and on May 13, 2008, we denied his suggestion to reconsider his initial application. Applicant filed a subsequent application on May 19, 2008. We dismissed the application as an abuse of the writ. Ex parte Chamberlain, WR-46,058-02 (Tex. Crim. App. June 2, 2008). Applicant then filed a subsequent application for writ of habeas corpus pursuant to Article 11.071, and an application for writ of prohibition on June 6, 2008, claiming that the execution protocol used in Texas executions violated his Eighth Amendment right against cruel and unusual punishment. We dismissed the subsequent application and denied leave to file the writ of prohibition. Ex parte Chamberlain, WR-46,058-03 & WR-46,058-04 (Tex. Crim. App. June 9, 2008).
Leave to file the application is denied and applicant's motion for stay of execution is denied.
IT IS SO ORDERED THIS THE 11TH DAY OF JUNE, 2008.
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