The Texas Court of Criminal Appeals on Friday dismissed a writ seeking review of the case of Charles Dean Hood, and the Texas attorney general's office took the unusual position of filing a brief supporting a closer review of the allegations of a romance between the judge and prosecutor at his trial.

The Court of Criminal Appeals said Mr. Hood's filing raised "the exact claim previously" filed and said the latest filing was "not properly before this court."

When the claim was raised before, it was on the basis of an affidavit from a former assistant district attorney that said the affair between Judge Verla Sue Holland and then-prosecutor and Collin County District Attorney Tom O'Connell was "common knowledge."

The court said then that the affidavit offered no direct knowledge of the relationship.

But direct knowledge of the alleged romance could surface Monday in a hearing to determine whether depositions should be taken from Judge Holland and Mr. O'Connell.

Those depositions might give defense attorneys new information to bring to the criminal courts. Mr. Hood is slated for execution Wednesday.

The attorney general's brief said, "In light of the unique and extraordinary circumstances concerning the trial of this case, a closer review by this court is warranted."

Collin County Assistant District Attorney John Rolater declined to comment on the filing. He has said the civil proceeding is inappropriate and the execution should proceed.

"Mr. Hood had ample opportunity to challenge the propriety of his trial in the trial court, and in his initial writ of habeas corpus. ... He deliberately chose not to timely present his claims but to lie in wait and use them to challenge his execution," he said after a conference call with the court and opposing counsel Friday. "That runs contrary to the law."

Mr. Hood's attorney, Greg Wiercioch, could not be reached for comment.

Julie Wallace, sister of Tracie Wallace, who was killed by Mr. Hood along with Ronald Williamson in 1989, said she is frustrated by the delays.

"Eighteen years is too long," she said. "All of these issues should have been brought up in a timely manner and that's way too long. Death-penalty opponents say, 'Well, why are we in such a rush?' For Christ's sake, 18 years is not a rush."

But while she has no doubt Mr. Hood received a fair trial, she said she doesn't object to the attorney general's request for a review.

"If that's what they have to do, then that's what they need to do," she said.

Though the attorney general's brief does not ask for a stay of execution, it says "the Court could evaluate whether the appropriate inquiry and legal analysis can be completed within the current timetable for the scheduled execution."

The civil court does not have the jurisdiction to order a stay. That would have to come from Gov. Rick Perry.

"The governor has not made a decision," spokeswoman Allison Castle said. She said he had no comment on the attorney general's request for a review.