Lopez, Daniel

• Court: Court of Appeals of Texas
• Decided: July 27, 2015
• Docket: WR-77,157-01
• Status: Published

Opinion

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 ABEL ACOSTA, CLERK Ex parte Daniel Lee Lopez, Cause No. WR-77,157-01 Applicant

MOTION FOR LEAVE TO APPEAR

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:

On January 23, 2013, the Honorable Nelva Gonzales Ramos of the United

States District Court for the Southern District of Texas appointed undersigned

Counsel to represent Daniel Lee Lopez in federal habeas proceedings. Order,

Lopez v. Thaler, No. 2:12-cv-00160, ECF No. 17. As the federal court noted,

pursuant to 18 U.S.C. § 3599(e) and Harbison v. Bell, 556 U.S. 180 (2009), this

appointment “continue[s] through ‘every subsequent stage of judicial proceedings

… and all available post-conviction process together with applications for stays of

execution and other appropriate motions and procedures….” Id. at 2.

As this Court is aware, pursuant to the Court’s order of January 14, 2015,

undersigned Counsel cannot practice or appear before this Court without first

obtaining leave to do so. In re Dow, Nos. WR-61,939-01, -02, at *3 (Tex. Crim.

App. Jan. 14, 2015). Counsel therefore respectfully prays the Court grant him

leave to appear to file a motion to stay Lopez’s execution and a suggestion that the Court reconsider its previous order accepting Lopez’s waiver of state habeas

counsel.

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 Email ddow@central.uh.edu Counsel for Daniel Lee Lopez CERTIFICATE OF SERVICE

I hereby certify that on July 27, 2015, a copy of the foregoing motion was served on Nueces County District Attorney, Mark Skurka, via email to nueces.districtattorney@nuecesco.com.

/s/ David R. Dow David R. Dow