The Statesman is reporting:
The Court of Criminal Appeals has ordered a North Texas judge to reinstate the death warrant for Charles Dean Hood. The warrant had been recalled earlier in the day. Prosecutors in Collin County successfully asked the state’s highest court to order the region’s presiding judge to reinstate the case. Hood could be executed this evening if the order is reinstated by midnight, when the warrant expires.
UPDATE, 9:13 p.m.: Prosecutors in Collin County have again this evening asked the Court of Criminal appeals to reinstate the execution warrant for Charles Dean Hood. In one court filing, Collin County Assistant District Attorney Jeffrey Garon asked the court to order the presiding judge of the state’s First Administrative Judicial District to order the execution warrant reinstated tonight. In another filing, Garon asked for “extraordinary writ relief” because “no judge is available to withdraw the order.
Meanwhile, Texas prison officials say that Hood remains in a holding cell adjacent to death row in Huntsville. The execution warrant that prosecutors are trying to reinstate expires at midnight.
Update: The Court of Criminal Appeals has ordered that a district judge in Collin County had no authority to withdraw Charles Dean Hood’s death warrant. However, the state’s highest court said in an unsigned order that since the judge has now recused himself from the case, the Court of Criminal Appeals has no authority to order the judge to reinstate the death warrant. Hood’s lawyers say they are unsure whether Collin County prosecutors will file additional motions this evening in an attempt to prompt Hood’s execution.