ORIGINAL PETITION FOR WRIT OF HABEAS CORPUS OR, IN THE ...

the judgment of conviction and sentence against Mr. Hood is null and void. JudgeHolland’s participation in the case also violated the Eighth and FourteenthAmendments to the Federal Constitution. The absence of an impartial judge is astructural defect in the trial proceedings, and reversal of Mr. Hood’s convictionand sentence is automatic, without consideration of harmless error. Accordingly,the Court should issue a writ of habeas corpus and grant Mr. Hood relief from hisunconstitutional conviction and sentence.In the alternative, the Court should issue a writ of prohibition barringNathaniel Quarterman, Director of the Texas Department of Criminal Justice,Institutional Corrections Division, and his agents from carrying out Mr. Hood’sexecution scheduled for June 17, 2008. Because Judge Holland’s unconstitutionalparticipation in Mr. Hood’s capital murder trial rendered his conviction andsentence null and void, the State of Texas is without authority to execute Mr.Hood. 11If this Court should have any doubt as to the appropriate relief in this case, it is not limited bythe denomination of Mr. Hood’s current petition. See State ex. rel. Wade v. Mays, 689 S.W.2d893, 897 (Tex. Crim. App. 1985) (“In determining the specific nature of the extraordinary reliefsought, this Court will not be limited by the denomination of petitioner’s pleadings, but will lookto the essence of the pleadings, including the prayers, as well as the record before us.”). Mr.Hood has filed, simultaneously with this Original Petition, an Application for Writ of HabeasCorpus pursuant to Article 11.071. The claims raised in the Article 11.071 application are basedon the same allegations he brings here.-2-