Texas Death Row Inmate to Be Released By Sunday Night

HOUSTON -- He has come close to being put to death several times, but now a Houston death row inmate, may be going home. He has been ordered released from prison.<br><br>A jail assistant brings in a note-pushed

Friday, March 3rd 2000, 12:00 am

By: News On 6

HOUSTON -- He has come close to being put to death several times, but now a Houston death row inmate, may be going home. He has been ordered released from prison.

A jail assistant brings in a note-pushed to the glass. It is almost too much for Calvin Burdine to believe. The note is his release order, signed by a federal judge.

"I put it all in Godâ€™s hands. This is Godâ€™s will. Thank you, Tina,â€ said Burdine.

Calvin Burdine was convicted of burglary and the stabbing death of W.T. Wise at a Houston trailer park in 1983.

Burdine's date with death in Texas was stayed six times, once within 45 minutes of execution.

A federal court has already ruled Burdine's conviction overturned because his Houston lawyer Joe Cannon allegedly slept through most of the trial.

"It's been established since 1995. I think it's time that the state either retries Calvin or lets him go,â€ said Burdineâ€™s attorney, Mandy Welch.

The state had 120 days to hold a new trial; it failed. Hence, this order Burdine must be released within five days. That is what he has been waiting for 17 years.

â€œOut that gate in five days, the greatest thing in my life is that Iâ€™m going to hug my momma," said Burdine.

The state has filed an immediate appeal with the Fifth Circuit Court of Appeals in New Orleans. The Attorney Generalâ€™s office said they are confident that they will get an order that will keep Burdine in prison. But if no order comes from the court of appeals,

Burdine will not only get off death row, he will be released from prison by Sunday night.