Ex Parte O'Brien

ORDER

This is a subsequent application for ha-beas 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 application for writ of habeas corpus pursuant to Article 11.071. On August 23, 2001, applicant filed a supplemental application for writ of habeas corpus. We denied relief…