No. WR-51264-03.

190 S.W.3d 677 (2006)

Ex parte Derrick Sean O'BRIEN.

Court of Criminal Appeals of Texas.

May 17, 2006.

Attorney(s) appearing for the Case

Catherine Greene Burnett, Houston, for Appellant.

Roe Wilson, Asst. District Atty., Houston, Matthew Paul, State's Atty., Austin, for State.



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 9, 1994. We affirmed the conviction and sentence. O'Brien v. State, no. 71,859 (Tex.Crim.App. May 15, 1996). On December 16, 1997, applicant filed his initial...

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