Update at 10:03 pm — The prior petition for writ of mandamus was denied, but a new one by Texas prosecutors aimed at the new (transferred-to) Judge just got granted.  The Court of Criminal Appeals ordered mandamus to the new Judge below.  Download cca20order2008202006.17.2008.pdf  This means the death warrant is directed to be reinstated immediately.

Update at 10:27 — The Austin American-Statesman reports:

The Court of Criminal Appeals has ordered a North Texas judge toreinstate the death warrant for Charles Dean Hood. The warrant had beenrecalled earlier in the day. Prosecutors in Collin County successfullyasked the state’s highest court to order the region’s presiding judgeto reinstate the case. Hood could be executed this evening if the orderis reinstated by midnight, when the warrant expires.

Later, from the Statesman:

UPDATE, 11:10 p.m.: A North Texas judge has reinstated the deathwarrant ordering the execution of Charles Dean Hood, said his lawyers.Hood remains in a cell adjacent to the Texas death chamber inHuntsville as prison officials await word on his final appeals.

Update 11:18 — from Hood’s lawyers:  The presiding judge signed the warrant, the governor denied reprieve, and “just denied in SCOTUS.”

Final update 12:02 am — Hood’s lawyers report that the execution was stopped.  They wrote at 11:56:  “We just learned from a reporter who is at the prison that the execution has been stopped because prison officials said they ran out of time.”

Before this, but still relevant, Capital Defense Weekly quoted this “great take away” from the Grits For Breakfast blog:

Even if you’re a death penalty supporter you can’t think it’s a goodthing for Texas’ highest criminal court to rubber stamp executions withsuch obvious problems in the case, especially when there’s a conflictof interest that might implicate them personally. You just don’t use alegal technicality to avoid examining possible wrongdoing by yourfriend, not when somebody’s life is literally hanging in the balance.

Allof the recent SCOTUS-created restrictions on the death penalty – forjuveniles, for the mentally retarded, in cases where black jurors wereeliminated because of race – were established because of routineabuses, both real and perceived, allowed in Texas courts by the CCA. Ineach instance, SCOTUS found Texas’ judicial practices so egregious iteliminated the death penalty or ordered new trials for large classes ofdefendants. I’ve often thought that if SCOTUS ever does wind upabolishing the death penalty entirely down the line, it might well bebecause Texas does the most executions and our courts aren’t giving these cases enough scrutiny.

[Alan Childress]