ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS FROM CAUSE NO. 00-10-06435-CR(2) IN THE 221^ST DISTRICT COURT

MONTGOMERY COUNTY

In July 2002, a jury found applicant guilty of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Green v. State, No. AP-74,398 (Tex. Crim. App. Dec. 1, 2004)(not designated for publication).

In June 2004, applicant filed in the trial court his initial post-conviction application for writ of habeas corpus. This Court denied applicant relief. Ex parte Green, No. WR-61,225-01 (Tex Crim. App. Mar. 23, 2005)(not designated for publication). Applicant filed his first subsequent application in the trial court on June 23, 2010, in which he asserted, among other things, various claims pertaining to his competency to be executed. In a separate order handed down this day, we filed and set these claims to determine whether claims raising competency to be executed are cognizable in a writ of habeas corpus under Texas Code of Criminal Procedure article 11.071 especially in light of the enactment of Article 46.05 in 1999 providing a procedure by which a defendant can fully litigate such claims. We now order both the applicant and the State to, within fifteen (15) days of the date of this order, file briefs with the Clerk of this Court addressing this issue.

IT IS SO ORDERED THIS THE 30^th DAY OF JUNE, 2010.

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