Once these federal habeas proceedings had ended, the state trial judge, Steven Ables, set an execution date of February 5, 2004. At this point, Panetti claimed that he was incompetent to be executed. The Texas Court of Criminal Appeals denied Panetti's appeal, and Panetti filed another federal habeas petition. On February 4, 2004, the federal district court stayed Panetti's execution in order to allow the state courts to adjudicate Panetti's claim of mental incompetence. The state trial court, in turn, appointed two mental health experts to evaluate Panetti. Lawyers defending Panetti were given a one-week notice to also acquire mental health experts to also evaluate Panetti. Both of the experts for the state concluded that Panetti was malingering in order to avoid execution. Panetti responded by arguing that the trial court's procedures did not comply with the procedures set forth in "Ford v. Wainwright". The state trial court responded by closing the case, ruling that Panetti did not show he was incompetent to be executed. He did not appeal to either the Texas Court of Criminal Appeals or the U.S. Supreme Court.