WR-77,157-02
WR-77,157
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/27/2015 10:31:34 AM
Accepted 7/27/2015 11:32:32 AM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS OF TEXAS CLERK
IN AUSTIN, TEXAS
) RECEIVED
) COURT OF CRIMINAL APPEALS
7/27/2015
EX PARTE DANIEL LEE ) ABEL ACOSTA, CLERK
LOPEZ, ) CAUSE NO. _______________
)
APPLICANT )
)
_____________________________
MOTION FOR STAY OF EXECUTION
_____________________________
Mr. Lopez is scheduled to be executed on Wednesday, August 12, 2015,
after 6 o’clock p.m.
James Gregory Rytting David R. Dow
Texas Bar No. 24002883 Texas Bar No. 06064900
Hidler & Associates, P.C. University of Houston Law Center
819 Lovett Blvd. 100 Law Center
Houston, Texas 77006-3905 Houston, Texas 77204-6060
Tel. (713) 655-9111 Tel. (713) 743-2171
Fax (713) 655-9112 Fax (713) 743-2131
Email james@hilderlaw.com Email ddow@central.uh.edu
Counsel to Daniel Lee Lopez
1
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
IN AUSTIN, TEXAS
)
)
EX PARTE DANIEL LEE )
LOPEZ, ) CAUSE NO. _________________
)
APPLICANT )
)
_____________________________
MOTION FOR STAY OF EXECUTION
_____________________________
TO THE HONORABLE JUDGES OF THIS COURT:
Daniel Lee Lopez, through undersigned counsel, respectfully moves
this Court to order a stay of execution to permit resolution of the
constitutional claim presented in his case. In support of this application for
stay of execution, Mr. Lopez would show the following:
Mr. Lopez is scheduled to be executed on August 12, 2015, pursuant
to his conviction and sentence of death entered in the 117th Judicial District
Court of Nueces County, Texas. In a contemporaneously filed pleading,
Counsel raise a claim that Lopez is actually innocent of capital murder
because he never intended to kill Lt. Alexander and, in fact, did not see
Alexander until immediately before hitting him with his vehicle. If Lopez is
actually innocent of capital murder, as evidence strongly suggests is the
2
case, the Eighth Amendment will not permit his execution. Counsel request
a stay from this Court so that the Court can consider whether the claim
satisfies section 5 of article 11.071 of the Texas Code of Criminal Procedure
and, if so, so that the trial court can hear evidence on the claim. In the
absence of a stay, Mr. Lopez will suffer irreparable injury because he will be
executed.
3
PRAYER FOR RELIEF
Accordingly, Counsel respectfully request that this Court stay Lopez’s
execution scheduled for August 12, 2015, and grant any other relief that law
or justice may require.
Respectfully submitted,
s/ James Gregory Rytting
______________________
James Gregory Rytting
Texas Bar No. 24002883
Hilder & Associates, P.C.
819 Lovett Blvd.
Houston, Texas 77006-3905
Tel. (713) 655-9111
Fax (713) 655-9112
Email james@hilderlaw.com
s/ David R. Dow1
______________________
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
Email ddow@central.uh.edu
Counsel to Daniel Lee Lopez
1
Contemporaneously with this pleading, Counsel is filing a motion for leave to appear
pursuant to the Court’s January 14, 2015 order.
4
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was
served via email to Nueces County District Attorney Mark Skurka at
nueces.districtattorney@nuecesco.com on July 27, 2015.
/s/ David R. Dow
_____________________________
David R. Dow
5
Lopez, Daniel
Combined Opinion