Brian Rogers reports in the Houston Chronicle (emphasis added):

A Houston judge who declared the procedures surrounding the death penalty unconstitutional in March, then rescinded his ruling to hear more information, will stay on the case, a special judge has ruled.

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If Fine rules the same way after hearing arguments on the issue and his ruling survives appellate review, it will take the death penalty off the table for John Edward Green. The 25-year-old Green is accused in the robbery and fatal shooting of Huong Thien Nguyen, 34, on June 16, 2008.

The italicized portion of that statement is about as likely as three feet of snow on the ground in Houston in August.