HENRY WATKINS SKINNER v. THE STATE OF TEXAS (2010)

ON DIRECT APPEAL FROM THE TRIAL COURT'S RULING ON A MOTION FILED IN CAUSE NO. 5216 IN THE 31 ST JUDICIAL DISTRICT COURT GRAY COUNTY

O P I N I O N

Approximately two weeks ago, appellant filed a motion in both this Court and the convicting court in which he asked each court to:

(1) vacate the trial court's October 20, 2009, order setting his execution date for February 24, 2010, and recall the void death warrant issued by the clerk of the court on November 13, 2009;  and

(2) prohibit the trial court from setting a new execution date until this Court has denied post-conviction habeas corpus relief in his case (or issued mandate on a filed and set writ).

In response to the motion filed in the trial court, the trial judge issued an order in which he:

(1) vacated his October 2009 order setting Skinner's execution date;

(2) withdrew the November 13, 2009, death warrant;  and

Per Curiam.