WR-48,152-0
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 1/13/2015 3:41:24 PM
Accepted 1/13/2015 4:38:21 PM
ABEL ACOSTA
NO. WR-48,152-01; WR-48,152-02; WR-48,152-03; WR-48,152-04; CLERK
WR-48,152-05; WR-48,152-06
RECEIVED
COURT OF CRIMINAL APPEALS
1/13/2015
ABEL ACOSTA, CLERK
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
In re
GARCIA GLEN WHITE,
Relator-Petitioner
MOTION REQUESTING TEMPORARY STAY OF EXECUTION
AND APPOINTMENT OF NEW STATE HABEAS COUNSEL UNDER
TREVINO V. THALER
THIS IS A DEATH PENALTY CASE.
MR. WHITE IS SCHEDULED TO BE EXECUTED
ON JANUARY 28, 2015
Pat McCann – Counsel for Relator-Petitioner
SBOT: 00792680
909 Texas Ave, Ste. 205
Houston, Texas 77002
Phone: 713) 223-3805
writlawyer@justice.com
TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL
APPEALS AT AUSTIN:
Your Honors,
I will dispense with the normal third-party address form in this motion. I do
so because I believe I should speak plainly and clearly on this topic to a group of
judges before whom I have practiced for many years. I have been privileged to
represent Mr. Garcia Glen White for over 16 years. I have filed numerous state
and federal applications for relief on his behalf. I have tried to live up to the
responsibility of representing a condemned man to the best of my ability in this
case.
Yet no man or lawyer is perfect, nor can any lawyer truthfully say that they
are their own best judge. I have represented Mr. White for too long to objectively
assess whether or not I made mistakes along the way that could have cost him a
chance at relief. Under Trevino v. Thaler 1, I believe that my client should at least
have the benefit of at least one last set of objective eyes to judge the work done by
me. It is my sincere belief, based upon 20 years of death penalty work before this
Honorable Court, that a man or woman facing execution should have the benefit of
one final look at his lawyer’s performance, even mine. I cannot speak for other
habeas attorneys; I cannot say that in every case this Court should take the action
that I very respectfully suggest here. Yet this Court has entrusted me with a duty
that I take most seriously. That duty includes, I believe, as ruthless a self-
examination as I have applied to the lawyers who have come before me. This
cannot ever be about the pride of any attorney; it must always be about ensuring
every last measure of due process possible for those who are condemned.
1
133 S.Ct. 1911 (2013)
2
Some months ago I was approached by other lawyers in this field who
indicated they wished to take over Mr. White’s case specifically to conduct such a
Trevino investigation into my own habeas work. I agreed to step aside as soon as
they had someone to substitute in my place, but the lawyers eventually backed out
of that arrangement. That is the only reason I am bringing this proposal before the
Court at such a late hour. I had anticipated such a review by someone else but now
it falls to me to at least ask this Court to take the step of appointing someone.
There is no precedent in the Texas Criminal Code of Procedure or in case
law for this, so I will not cite you any. I believe your inherent powers under
Article V, Section 5 of the Texas Constitution and the provisions of the Trevino
case provide legal authorization to take the step that I am asking, which is: a short
90 – 120 day stay of the execution, appointment of either the Office of Capital
Writs or another qualified individual to examine my habeas work and determine
whether there are claims of ineffective assistance which could be brought against
me and provide a gateway for Mr. White to obtain relief.
I have given great thought to whether it made sense to ask this Court for this
relief. I see no other way in good conscience and my duty to my client unless I at
least put this forward as a course of action. I recognize that this could create a
procedural and practical burden for the Court. I further recognize that the Court
may determine that in this or in any case that the constitution does not mandate
3
this; my respectful response would be that it does not forbid it either. I do not ask
for this relief for delay. This case has been pending for almost 20 years. I do not
believe a short delay would affect the ends of justice, whether one believes in
deterrence or retribution. I ask for this relief in the sincere belief that if my client is
entitled to a full review and procedural due process that he should not depend on
me to examine my own work as I could not be objective.
Wherefore I respectfully pray on behalf of my client Garcia Glen White that
this Court consider a short temporary stay of the execution and appointment of new
counsel in order to review my own state habeas and federal habeas work. I ask this
in the interest of justice. I ask this in the humble awareness that I am as imperfect
an advocate as one may find but with the sincere hope that any failings in my work
count against me and not my client.
Respectfully submitted,
/s/ Patrick F. McCann
PATRICK F. McCANN
SBOT 00792680
909 Texas Ave., Ste. 205
Houston, Texas 77002
713.223.3805
281.667.3352 FAX
writlawyer@justice.com
ATTORNEY FOR GARCIA GLEN WHITE
4
CERTIFICATE OF SERVICE
I, Patrick F. McCann do hereby certify that a true and correct copy of the
above and foregoing has been served on January 13th, 2015 via mail delivery to:
Lynn Hardaway, Harris County District Attorney’s Office, 1201 Franklin, Suite
600, Houston, Texas 77002 and the Capital Litigation’s Section at the Attorney
General’s Office.
/s/ Patrick F. McCann
Patrick F. McCann
5
White, Garcia Glen
Combined Opinion