Harris v. Johnson

The state defendants seek vacatur of a temporary restraining order (“TRO”) that prohibits the State of Texas from using a particular combination of chemicals during the execution of David Harris, scheduled for June 30, 2004.1 Agreeing with the *416state that Harris is not entitled to equitable relief because he has “delayed unnecessarily in bringing the claim,” Nelson v. Campbell, - U.S. -, 124 S.Ct. 2117, 2126, 158 L.Ed.2d 924 (2004), we vacate the TRO and render judgment of dismissal.

I

Harris was convicted of capital murder and sentenced to death in April 1986. Eighteen years later, in April of…