WR-62,099-03
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/8/2015 12:55:52 PM
Accepted 4/8/2015 1:12:29 PM
ABEL ACOSTA
CLERK
No. WR-62,099-03
RECEIVED
COURT OF CRIMINAL APPEALS
4/8/2015
ABEL ACOSTA, CLERK
IN THE
COURT OF CRIMINAL APPEALS
FOR THE STATE OF TEXAS
In re Robert Lynn Pruett,
Petitioner,
vs.
William Stephens,
Director, Texas Department of Criminal Justice,
Correctional Institutions Division
Respondent.
_________________________________
MOTION FOR STAY OF EXECUTION
PENDING DISPOSITION OF
PETITION FOR WRIT OF PROHIBITION
_________________________________
CAPITAL CASE
MR. PRUETT IS SCHEDULED TO BE EXECUTED ON APRIL 28, 2015.
_________________________________
David R. Dow
Texas Bar No. 06064900
ddow@central.uh.edu
University of Houston Law Center
100 Law Center
Houston, Texas 77204-6060
TEL: (713) 743-2171
FAX: (713) 743-2131
No. WR-62,099-03
IN THE
COURT OF CRIMINAL APPEALS
FOR THE STATE OF TEXAS
In re Robert Lynn Pruett,
Petitioner,
vs.
William Stephens,
Director, Texas Department of Criminal Justice,
Correctional Institutions Division
Respondent.
_________________________________
MOTION FOR STAY OF EXECUTION
PENDING DISPOSITION OF
PETITION FOR WRIT OF PROHIBITION
_________________________________
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
Relator-Petitioner Robert Lynn Pruett files this motion for a stay of
execution pending the disposition by this Court of his petition for writ of
prohibition filed pursuant to Rule 72.1 of the Texas Rules of Appellate Procedure.
Mr. Pruett is scheduled to be executed on Tuesday, April 28, 2015, after 6 o’clock
p.m., pursuant to his conviction and sentenced entered in the 156th District Court
of Bee County, Texas. Judge Bert Richardson’s order scheduling Pruett’s
execution was entered on December 17, 2014. In his contemporaneously filed
pleadings, Mr. Pruett has moved the Court for leave to file a petition for a writ of
prohibition and has filed a petition for a writ of prohibition. The petition asks this
Court to enter an order prohibiting the Director from carrying out Pruett’s
execution. Mr. Pruett is entitled to a stay of execution pending the disposition of
his petition for a writ of prohibition because there exists a likelihood that he will
suffer irreparable injury if a stay of execution is denied. Without a stay of
execution, the State will execute Mr. Pruett while serious questions remain as to
whether the State has violated the Eighth or Fourteenth Amendment by failing to
properly preserve physical evidence and thereby prevent Pruett from proving that
he is innocent of Daniel Nagle’s murder.
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PRAYER FOR RELIEF
Accordingly, Mr. Pruett respectfully requests that this Court stay his
execution scheduled for April 28, 2015 and grant any other relief that law or justice
may require.
Respectfully Submitted,
s/ David R. Dow
__________________________
David R. Dow
Texas Bar No. 06064900
University of Houston Law Center
100 Law Center
Houston, Texas 77204-6060
Tel. (713) 743-2171
Fax (713) 743-2131
Counsel for Robert Pruett
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CERTIFICATE OF SERVICE
I certify that on the 8th day of April 2015, a true and correct copy of the
above legal document was delivered via email to:
Jefferson Clendenin
Assistant Attorney General
Criminal Appeals Division
Texas Bar No. 24059589
P.O. Box 12548, Capitol Station
Austin, Texas 78711
Tel. (512) 936-1600
Fax (512) 320-8132
Email jay.clendenin@texasattorneygeneral.gov
Melinda Fletcher
Special Prosecution Unit
mfletcher@sputexas.org
s/ David R. Dow
_________________________
David R. Dow
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