Sonnier, Derrick

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-57,256-02 & WR-57,256-03 EX PARTE DERRICK SONNIER

SUBSEQUENT APPLICATION FOR WRIT OF HABEAS CORPUS, APPLICATION FOR WRIT OF PROHIBITION, AND STAY OF EXECUTION

IN CAUSE NO. 648,197 FROM THE

179^TH DISTRICT COURT OF HARRIS COUNTY

Per Curiam. Price and Holcomb, JJ., dissent.

ORDER

We have before us an application for writ of habeas corpus and a motion for leave to file a writ of prohibition. Applicant/relator asserts his execution will violate his Eighth Amendment right against cruel and unusual punishment. A stay of execution was granted on June 3, 2008.

Applicant was convicted of capital murder on February 17, 1993. We affirmed the conviction and sentence on direct appeal. Sonnier v. State, 913 S.W.2d 511 (Tex. Crim. App. 1995). On August 18, 1997, applicant filed his initial application for writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Sonnier, No. WR-57,256-01 (Tex. Crim. App. November 5, 2003). He now claims that the chemicals used by Texas during execution by lethal injection would violate his Eighth Amendment right against cruel and unusual punishment.

We have reviewed applicant's subsequent application and find that it should be dismissed. See Ex parte Alba, AP-75,510 (Tex.Crim.App. June 9, 2008). We have reviewed the application for writ of prohibition and leave to file is denied. See Ex parte Chi, AP-75,931 (Tex.Crim.App. June 9, 2008). Applicant's stay of execution is hereby lifted.

IT IS SO ORDERED THIS THE 9^TH DAY OF JUNE, 2008.

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