WR-77,157-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/27/2015 10:09:43 AM
Accepted 7/27/2015 10:33:07 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. WR-77,157-01
)
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. WR-77,157-01
)
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 separately filed pleading, Counsel
have asked that this Court reconsider its order accepting Lopez’s decision to
waive state habeas review of his conviction and sentence because the
process by which he was allowed to waive did not comport with the dictates
of Due Process. Moreover, there is sufficient evidence that Lopez is actually
2
innocent of capital murder and his execution would therefore be in violation
of the Eighth Amendment’s protection against cruel and unusual
punishment. Counsel request this Court stay Mr. Lopez’s execution so that
these issues may be addressed. 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 in
this case 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