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Ex parte Chi

Heliberto Chi cannot establish that he has a clear right to the relief that he requests: that his execution be prohibited under Texas' current lethal-injection protocol. Court of Criminal Appeals, Nos. AP-75,930 and AP-75,931.

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Hervey, J., announced the judgment of the Court and delivered an opinion in which Keller, P.J., and Meyers and Keasler, JJ., joined. Cochran, J. filed a concurring opinion in which Womack, J., joined. Price, J., filed a dissenting opinion. Johnson, J., filed a dissenting opinion in which Holcomb, J., joined.

OPINION

Chi is a death-row inmate who had an execution date set when he filed a subsequent (second) habeas corpus application under Article 11.071, Tex. Code Crim. Proc, and a motion for leave to file a petition for a writ of prohibition. These pleadings contain a claim that Texas’ lethal-injection protocol violates the Eighth Amendment’s prohibition against cruel and unusual punishments and a request that Chi’s execution be prohibited under Texas’ current lethal-injection protocol.

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