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FOSTER v. TEXAS DEPT. OF CRIMINAL JUSTICE

Nos. 03-11-00191-CV, 03-11-00287-CV.

344 S.W.3d 543 (2011)

Cleve FOSTER and Humberto Leal, Appellants, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellee. Cleve Foster, Humberto Leal and Clint Broden, Appellants, v. Texas Department of Criminal Justice, Appellee.

Court of Appeals of Texas, Austin.

June 10, 2011.

Attorney(s) appearing for the Case

Susan Henricks , Bryce E. Benjet , Hull Henricks, L.L.P., Maurie Levin , Maurie Levin, P.L.L.C., Austin, TX, Sandra L. Babock , Clinical Professor of Law, Northwestern University School of Law, Chicago, IL, for Appellants.

Melinda Bozarth , Texas Department of Criminal Justice, Office of the General Counsel, Eugene A. Clayborn , Assistant Attorney General, Environmental Protection & Administrative Law Division, Jonathan F. Mitchell , Adam W. Aston , Solicitor Generals, Defense Litigation, Austin, TX, for Appellee.

Before Chief Justice JONES, Justices PURYEAR and PEMBERTON.

OPINION

BOB PEMBERTON, Justice.

The Texas Legislature has mandated that a sentence of death is to be carried out by lethal injection under an "execution procedure to be determined and supervised" by the director of the Texas Department of Criminal Justice, Correctional Institutions Division (TDCJ-CID). Tex. Code Crim. Proc. Ann. art. 43.14 (West Supp. 2010). The director has adopted a written "Execution Procedure," roughly ten pages in length, that...

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