Lopez, Daniel

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 [email protected] Email [email protected]

Counsel to Daniel Lee Lopez 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 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.

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 [email protected] 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 [email protected]

Counsel to Daniel Lee Lopez 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 [email protected] on July 27, 2015.

/s/ David R. Dow _____________________________ David R. Dow