Lopez, Daniel
Opinion
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
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
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.
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.
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
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