SWEARINGEN PROCEEDINGS July 11, 2000 March 11, 2002 March 26, 2003 May 21, 2003 May 21, 2004 October 19, 2004 April 7, 2005 June 8, 2005 September 8, 2005 February 1, 2006 March 27, 2006 July 31, 2006 October 17, 2006 Verdict returned, Swearingen sentenced to death. Swearingen ?led state application for writ of habeas corpus, alleging actual innocence, ineffective assistance of counsel for failing to present entomological evidence, etc. Court of Criminal Appeals af?rmed judgment of conviction and death sentence on direct appeal (101 89). Court of Criminal Appeals denied relief on state application for writ of habeas corpus. Swearingen ?led his federal petition for writ of habeas corpus in the U.S. District Court for the Southern District of Texas. Swearingen ?led a pro se motion for post-conviction DNA testing pursuant to Chapter 64 of the Texas Code of Criminal Procedure. State district court denied motion for DNA testing. Court of Criminal Appeals denied leave to ?le Swearingen's petition for writ of mandamus. U.S. district court denied habeas corpus relief. Court of Criminal Appeals dismissed appeal from denial of DNA testing as untimely ?led (189 779). Supreme Court denied petition for writ of certiorari to Court of Criminal Appeals on mandamus action (547 US. 1042). Fifth Circuit Court of Appeals af?rmed the district court's denial of Swearingen's ?rst federal habeas petition (192 F.Appx. 300). State district court set Swearingen's ?rst execution date for January 24, 2007. January 22, 2007 January 23, 2007 February 20, 2007 July 2007 January 16, 2008 January 16, 2008 March 5, 2008 May 12, 2008 June 20, 2008 December 17, 2008 December 18, 2008 January 6, 2009 January 19, 2009 January 20, 2009 Swearingen ?led 2nd state application for writ of habeas corpus, alleging actual innocence based on entomological evidence, etc. Court of Criminal Appeals stayed the execution and remanded six claims from 2nd state writ application to the trial court to resolve fact issues. US. Supreme Court denied petition for writ of certiorari to 5th Cir. Court of Appeals on ?rst federal habeas petition (549 US. 1216) State district court conducted evidentiary hearing (witnesses: Sanchez, Arends, Tomberlin). Court of Criminal Appeals denied habeas corpus relief sought in 2nd state application for a writ (2008 WL 152720). Swearingen ?led 3rd state application for writ of habeas corpus, alleging actual innocence, suppression of evidence of alternative suspect, etc. Court of Criminal Appeals remanded two claims from 3rd state writ application to state district court for evidentiary hearing (2008 WL 650306). Swearingen ?led second motion for DNA testing. State district court conducted evidentiary hearing on 3rd writ application, regarding alternative suspect theory. Court of Criminal Appeals denied relief on 3rd state application for a writ (2008 WL 5245348). State district court set Swearingen's second execution date for January 27, 2009. Swearingen ?led third motion for DNA testing. State district court denied second and third motions for DNA testing. Swearingen moved for leave to ?le second federal petition for habeas corpus relief, alleging actual innocence based on January 23, 2009 January 23, 2009 January 26, 2009 January 27, 2009 February 23, 2009 November 18, 2009 February 10, 2010 April 7, 2011 May 24, 2011 June 22, 2011 June 24, 2011 July 11,2011 pathologist af?davits, ineffective assistance of counsel, suppression of exculpatory information, etc. Swearingen ?led pro se 4th state application for a writ of habeas corpus. Swearingen's attorney ?led 5th state application for a writ of habeas corpus alleging actual innocence based on pathologists' af?davits, etc. Fifth Circuit Court of Appeals stayed execution and remanded two claims from second federal writ petition to US. district court to determine if they met requirements for successive petition (556 F.3rd 344). Court of Criminal Appeals dismissed 4th and 5th state writ applications. Supreme Court denied petition for writ of certiorari to Court of Criminal Appeals on denial of habeas corpus relief (555 US. 1199) US. district court dismissed second federal petition for writ of habeas corpus as not meeting requirements for successive petition (2009 WL 4433221). Court of Criminal Appeals af?rmed denial of third motion for DNA testing (303 728). Fifth Circuit Court of Appeals af?rmed dismissal of second federal writ application (421 F.Appx. 413). Fifth Circuit Court of Appeals denied petition for rehearing. Swearingen ?led 6th state application for a writ of habeas corpus, alleging actual innocence. State district court set third execution date for August 18, 2011. Swearingen ?led 7th state application for a writ of habeas corpus (?Supplemental Brie?ng to the 6th Application") alleging violation of due process (inaccurate forensic testimony at trial, regarding time of death). July 28, 2011 February 21, 2012 February 22, 2012 February 27, 2012 February 27, 2012 March 9, 2012 October 1, 2012 December 12, 2012 December 13, 2012 January 17, 2013 January 30, 2013 June 10, 2013 February 5, 2014 May 22, 2014 August 4, 2014 March 4, 2015 Court of Criminal Appeals stayed execution, remanded 6th and 7th applications to district court for resolution of claims raised. Swearingen ?led petition for writ of mandamus in Court of Criminal Appeals (regarding transfer of tissue for DNA analysis). Petition for writ of mandamus dismissed upon Swearingen?s request. Supreme Court denied petition for writ of certiorari to Fifth Circuit Court of Appeals (132 1632). Evidentiary hearing commenced in state district court. Evidentiary hearing completed in state district court. State district court signed ?ndings of fact and conclusions of law, and recommended that habeas corpus relief be denied. Court of Criminal Appeals denied habeas corpus relief on 6th and 7th state applications for a writ of habeas corpus, adopting ?ndings of district court (2012 WL 6200431). State district court set fourth execution date for February 27, 2013. Swearingen ?led fourth motion for DNA testing. State district court vacated order setting execution date. State district court granted fourth motion for DNA testing. Court of Criminal Appeals reversed district court?s order for DNA testing (424 S.w.3d 32). Swearingen ?led ?fth motion for DNA testing. State district court granted fourth and ?fth motions for DNA testing. Swearingen ?led pro se motion waiving further appeals and requesting execution date. March 13, 2015 October 28, 2015 OCtOber 3, 2016 October 28, 2016 July 7, 2017 July 21, 2017 August 9, 2017 September 1, 2017 October 16, 2017 October 27, 2017 December 7, 2017 January 7, 2019 March 12, 2019 Swearingen withdrew pro 59 motion requesting execution date and requested continuation of appeal. Court of Criminal Appeals reversed district court's order granting fourth and ?fth motions for DNA testing (2015 WL 6513883). US. Supreme Court denied petition for writ of certiorari to Court of Criminal Appeals on denial of DNA testing (137 60). Swearingen ?led civil suit in US. District Court for Western Distict of Texas, seeking declaratory judgment regarding right to DNA testing. U.S. district court dismissed civil suit as frivolous. Harris County District Attorney's Of?ce inspected death row cell of Anthony Shore and discovered items pertaining to Melissa Trotter's murder. State district court set ?fth execution date for November 16, 2017. HCDAO noti?ed of MCDAO of items found in Shore's cell. MCDAO requested that governor grant Shore a 30-day reprieve. State district court withdrew order setting execution date and recalled execution warrant. State district court ordered clerk to release evidence to MCSO to be transmitted to lab for DNA testing by agreement of parties. Bode Technology reported completion of testing without ?nding DNA from which a pro?le could be developed. State district court set sixth execution date for August 21, 2019.