THE ATTORNEY GENERAL OF TEXAS
Ken Paxton

Thursday, October 16, 2008

Media Advisory: Bobby Woods scheduled for execution

AUSTIN Texas Attorney General Greg Abbott offers the following information about Bobby Wayne Woods, who is scheduled to be executed after 6 p.m. on October 23, 2008.

In May of 1998, Woods was tried, convicted, and sentenced to death for the kidnapping and murder of eleven-year-old Sarah Patterson in Granbury. Due to pre-trial publicity the case was tried in Llano County.

FACTS OF THE CRIME

On April 30, 1997, Woods entered the home of his former girlfriend through an open bedroom window and abducted her children, 11-year-old Sarah and nine-year-old Cody, driving them to grave yard, where he beat and stomped Cody into unconsciousness. Woods then drove Sarah to secluded area where he raped her and cut her throat, resulting in her death. Woods confessed to the kidnapping and murder and led police to Sarah’s body.

PROCEDURAL HISTORY

Jun. 4, 1997A Hood County grand jury indicted Woods for capital murder in the kidnapping and slaying of Sarah Patterson.
May 28, 1998 The trial court sentenced Wood to death, after a jury found him guilty of capital murder and following a separate punishment hearing.
Sep. 15, 1999 Woods filed a state writ application in the trial court.
Jun. 14, 2000 Woods’ conviction and sentence were affirmed on direct appeal by the Texas Court of Criminal Appeals.
Sep. 13, 2000 The Court of Criminal Appeals denied Woods’ application for state habeas relief.
Feb. 20, 2001 The U.S. Supreme Court denied both Woods’ certiorari petitions, one off direct appeal and one off state habeas.
Dec. 11, 2000 Woods filed a petition for writ of habeas corpus in a federal district court.
Feb. 8, 2002 The federal district court denied Woods’ habeas petition.
Feb. 24, 2003 The Fifth U.S. Circuit Court of Appeals partially denied Woods’ request for a certificate of appealability and otherwise affirmed the district court’s judgment. Woods did not seek certiorari review of this decision.
Apr. 8, 2003 Woods filed a subsequent state habeas corpus application in the Texas Court of Criminal Appeals raising an Atkins claim.
May 21, 2003 The Court of Criminal Appeals remanded Woods’ case to the trial court for a determination of his Atkins claim.
Apr. 27, 2005 The Court of Criminal Appeals adopted the trial court’s findings and denied relief to Woods.
Sep. 27, 2005 Woods lodged a successive federal habeas petition in federal district court containing his Atkins claims.
Oct. 13, 2005 Woods filed a motion for authorization to file a successive habeas petition in the Fifth U.S. Circuit Court of Appeals.
Dec. 1, 2005 The Fifth Circuit Court permitted Woods to file a successive petition containing his Atkins claims.
May 16, 2006 The district court denied relief on Woods’ successive petition.
Jul. 23, 2007 The Fifth Circuit Court denied Woods’ request for a COA on his successive habeas petition. Woods again did not file a certiorari petition.
Jan. 17, 2008 Woods was set for execution but the date was withdrawn due to the temporary moratorium.
Oct. 15, 2007 Woods filed a motion to stay the execution and a writ of prohibition in the Texas Court of Criminal Appeals.
Sep. 10, 2008 Woods state court litigation was dismissed by the Court of Criminal Appeals.
Oct. 23, 2008 Woods is scheduled for execution.

MISCELLANEOUS

For additional information and statistics, please go to the Texas Department of Criminal Justice website, www.tdcj.state.tx.us.