Last December visiting District Court Judge Ronald Yeager set Rogelio Cannady’s execution date for Nov. 6, 2009.
However, on Monday, District Court Judge Michael “Mike” Welborn granted a writ of habeas corpus in connection with Cannady’s case.
A write of habeas corpus orders a person in custody to be brought before a judge and places the burden of proof on those detaining the person to justify the detention, and in this case, the pending execution.
Cannady was serving a life term at the McConnell Unit when he killed a 55-year-old man who shared his cell, according to the Texas Department of Criminal Justice.
The grisly slaying took place on Oct. 10, 1993, inside a medium custody housing area at the McConnell Unit in Beeville. Cannady was 21 at the time. He is now 36.
“The victim, who was Cannady’s cellmate, was beaten with a steel lock attached to a belt and kicked repeatedly in the head with steel-toed boots by Cannady,” according to the TDCJ.
“The victim, who was serving a 15-year sentence for murder from Tarrant County, died two days later. Cannady was the first Texas prison inmate to be prosecuted under a 1993 statute that allows for capital murder convictions if the offender is serving 99 years or life as a result of previous murder convictions.”
Cannady was convicted in Cameron County of robbery, murder with a deadly weapon, and murder. Cannady was in prison serving his sentence at the time of his capital offense.
