Pruett, Robert Lynn ( 2015 )


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  • WR-62,099-04 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 4/20/2015 3:52:54 PM Accepted 4/20/2015 4:28:24 PM ABEL ACOSTA No. WR-62,099-04 CLERK RECEIVED COURT OF CRIMINAL APPEALS IN THE 4/20/2015 COURT OF CRIMINAL APPEALS ABEL ACOSTA, CLERK FOR THE STATE OF TEXAS Ex parte Robert Lynn Pruett, Applicant. _________________________________ MOTION FOR STAY OF EXECUTION PENDING DISPOSITION OF SUBSEQUENT APPLICATION FOR POSTCONVICTION WRIT OF HABEAS CORPUS FILED PURSUANT TO ARTICLE 11.073 OF THE TEXAS CODE OF CRIMINAL PROCEDURE _________________________________ CAPITAL CASE MR. PRUETT IS SCHEDULED TO BE EXECUTED ON APRIL 28, 2015. _________________________________ David R. Dow Texas Bar No. 06064900 ddow@central.uh.edu University of Houston Law Center 100 Law Center Houston, Texas 77204-6060 TEL: (713) 743-2171 FAX: (713) 743-2131 No. WR-62,099-04 IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS Ex parte Robert Lynn Pruett, Applicant. _________________________________ MOTION FOR STAY OF EXECUTION PENDING DISPOSITION OF SUBSEQUENT APPLICATION FOR POSTCONVICTION WRIT OF HABEAS CORPUS FILED PURSUANT TO ARTICLE 11.073 OF THE TEXAS CODE OF CRIMINAL PROCEDURE _________________________________ TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS: Relator-Petitioner Robert Lynn Pruett files this motion for a stay of execution pending the disposition by this Court of his Subsequent Application for Postconviction Writ of Habeas Corpus Filed Pursuant to Article 11.073 of the Texas Code of Criminal Procedure filed in the trial court on April 17, 2015. Mr. Pruett is scheduled to be executed on Tuesday, April 28, 2015, after 6 o’clock p.m., pursuant to his conviction and sentence entered in the 156th District Court of Bee County, Texas. Judge Bert Richardson’s order scheduling Pruett’s execution was entered on December 17, 2014. Because it is unlikely Pruett’s jurors would have been able to convict him if they had been presented the results of DNA analysis conducted in 2013, the application asks this Court to remand Mr. Pruett’s case to the trial court for further proceedings. Mr. Pruett is entitled to a stay of execution pending the disposition of his application because there exists a likelihood that he will suffer irreparable injury if a stay of execution is denied. Without a stay of execution, the State will execute Mr. Pruett. 2 PRAYER FOR RELIEF Accordingly, Mr. Pruett respectfully requests that this Court stay his execution scheduled for April 28, 2015 and grant any other relief that law or justice may require. Respectfully Submitted, 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 Counsel for Robert Pruett 1 On April 16, 2015, a motion for leave for counsel to appear in this cause number was filed. The motion remains pending. Though counsel has yet to be granted leave to appear, he feels it incumbent upon him to file this motion today, so as not to violate this Court’s Miscellaneous Rule 11-003. 3 CERTIFICATE OF SERVICE I certify that on the 20th day of April 2015, a true and correct copy of the above legal document was delivered via the electronic filing service to: Jefferson Clendenin Assistant Attorney General Criminal Appeals Division P.O. Box 12548, Capitol Station Austin, Texas 78711 Tel. (512) 936-1600 Fax (512) 320-8132 Email jay.clendenin@texasattorneygeneral.gov Melinda Fletcher Special Prosecution Unit mfletcher@sputexas.org s/ David R. Dow _________________________ David R. Dow 4

Document Info

Docket Number: WR-62,099-04

Filed Date: 4/20/2015

Precedential Status: Precedential

Modified Date: 9/29/2016