In an unusual use of Texas Rule of Civil Procedure 202, death row inmate Charles Dean Hood has filed a petition in Collin County seeking to take the depositions of the judge and prosecutor for his 1990 trial.

According to the petition, filed Aug. 19 in a Collin County court-at-law and refiled Aug. 20 in the 199th District Court, Hood seeks to depose former Collin County District Attorney Tom O’Connell and former 296th District Judge Sue Holland, also a former judge on the Texas Court of Criminal Appeals, “to investigate potential actions civil in nature” against one or both of them. The potential actions include possible claims under 42 U.S.C. §1983.

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