Petition DENIED. (orders list)

DISTRIBUTED for Conference of January 9, 2009.

Brief of respondent Texas in opposition filed.

Order extending time to file response to petition to and including December 5, 2008.

Motion (08M10) of petitioner for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner Granted. (orders list)

MOTION (08M10) DISTRIBUTED for Conference of September 29, 2008.

Motion (08M10) of petitioner for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2008)

Barney Ronald Fuller, Jr., Petitioner, represented by James W. Volberding

Texas, Respondent, represented by Ellen Stewart-Klein