UPDATE (June 10, 2008) — with only one week left before Charles Hood is executed, I’m closing all comments on all previous posts. I have started a new post HERE for all new comments about this story.
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Over on this post about multiple-murderer and current long-time denizen of Texas’ death row, Charles Dean Hood, an anonymous commenter pointed us to this court ruling in the case of Hood, which was handed down yesterday.
In the order, Hood’s defense asks for a motion to “stay [his] execution and suspend rules of appellate procedure to permit rehearing of direct appeal.”
Sounds like a last-ditch desperate attempt to prolong the inevitable.
The judge ruled against Hood:
Appellant now asks that we suspend the Rules of Appellate Procedure and again review one of his claims he raised on direct appeal. We rejected that claim over 14 years ago because, procedurally, it did not meet the requirements of a properly briefed point of error and, in the alternative, because we found it to be without merit. Hood, AP-71,167 (slip op at 19-20). When the United States Supreme Court denied certiorari on October 11, 1994, this appeal became final. Texas Rule of Appellate Procedure 2 does not allow this Court to create jurisdiction where none exists. See generally Garza v. State, 896 S.W.2d 192 (Tex. Crim. App. 1995). Appellant’s motion is denied.
IT IS SO ORDERED THIS THE 14TH DAY OF MAY, 2008.
34 days and counting, Charlie.
I’m surprised his fan club isn’t streaming in here to complain that “another innocent man is going to be texecuted!”
Left by Anonymous on May 15th, 2008 at 9:57 am