Herron, Jermaine

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-52,280-02 EX PARTE JERMAINE HERRON ON APPLICATION FOR WRIT OF HABEAS CORPUS

IN CAUSE NO. 97-8-3675 FROM THE

24^TH DISTRICT COURT OF REFUGIO COUNTY

Per Curiam. Price and Holcomb, JJ., dissent with note.* Womack and Johnson, JJ., dissent.

ORDER

This is a subsequent application for habeas corpus in which applicant advances an Eighth Amendment claim, asserting that he might suffer pain during the administration of the chemicals during lethal injection.

Applicant was convicted of capital murder on April 22, 1999. We affirmed the conviction and sentence. Herron v. State, 86 S.W.3d 621 (Tex.Crim.App. 2002). After reviewing applicant's timely filed writ of habeas corpus, we denied relief. Ex parte Herron, No. WR-52,280-01 (Tex.Crim.App. November 13, 2002).

Herron -2-

We have reviewed this subsequent application and find that it should be dismissed, and the motion for stay of execution is denied.

IT IS SO ORDERED THIS THE 17^TH DAY OF MAY, 2006

*Price and Holcomb, JJ., dissent for the reasons stated in Judge Price's dissenting statement in Ex parte Derrick Sean O'Brien, Writ No. 51,264-03.

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