Full Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-97,914-01 IN RE STATE OF TEXAS EX REL. KEN PAXTON, Relator ON MOTION FOR LEAVE TO FILE A PETITION FOR WRIT OF PROHIBITION IN RELATION TO JACKSON COUNTY CASE OF EX PARTE LEJAMES NORMAN and CAMERON COUNTY CASE OF EX PARTE JOHN ALLEN RUBIO TRAVIS COUNTY Per curiam. YEARY, J., filed a dissenting opinion. OPINION We have before us a motion for leave to file an application for writ of prohibition filed by the Honorable Ken Paxton, Attorney General of the State of Texas. Therein, he asks this Court to order the Honorable Daniella DeSeta Lyttle, judge of the 261st District Court of Travis County, to refrain “from enjoining, staying, or otherwise interfering with [LeJames] Norman and [John Allen] Rubio’s Paxton_Norman/Rubio - 2 executions in any way.” Norman and Rubio were both convicted of capital murder and sentenced to death in their respective counties. This Court affirmed each of the convictions and sentences on direct appeal and issued mandate. Plus, both of the inmates have filed Texas Code of Criminal Procedure Article 11.071 initial writ of habeas corpus applications, as well as at least one subsequent writ application, in their respective convicting courts over the years. All of the applications were ultimately denied or dismissed by this Court. Norman and Rubio have now filed what purports to be a civil suit in a Travis County District Court seeking injunctive or declaratory relief regarding the drugs to be used in their respective executions. Initially, we stayed the proceedings below pending resolution of this prohibition and we invited the Respondent, the Honorable Daniella DeSeta Lyttle, judge of the 261st District Court of Travis County (or any other judge to whom this case is assigned), to respond. No response was received. Leave to file the application is now granted and the Respondent, the Honorable Daniella DeSeta Lyttle (or any other judge assigned to the case), is ordered to refrain from issuing any order purporting to stay the September and Paxton_Norman/Rubio - 3 November executions of Jackson County death row inmate LeJames Norman and Cameron County death row inmate John Allen Rubio. Accord State ex rel. Holmes v. Hon. Court of Appeals for Third Dist., 885 S.W.2d 389, 394 (Tex. Crim. App. 1994) (“Clearly, the entry of an order which stays the execution of a death row inmate is a criminal law matter. Art. V, § 5 specifically confers exclusive appellate jurisdiction of all cases in which the death penalty has been assessed in the Court of Criminal Appeals.”); id. at 395–96 (“Any order by another state court which purports to stay a scheduled execution circumvents our decision and disobeys our mandate. . . . We hold that respondent had no jurisdiction to enjoin the scheduled execution.”). Delivered: September 11, 2026 Publish