Pruett, Robert Lynn ( 2015 )

WR-62,099-05
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/20/2015 12:00:00 AM
Accepted 4/20/2015 8:18:35 AM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS OF TEXAS CLERK
IN AUSTIN, TEXAS
RECEIVED
COURT OF CRIMINAL APPEALS
4/20/2015
ABEL ACOSTA, CLERK
Ex parte Robert Lynn Pruett,
Cause No. _____________
Applicant
MOTION FOR LEAVE TO APPEAR
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
Undersigned counsel represents David R. Dow in proceedings before this
Court. As the Court is aware, Dow represents Robert Lynn Pruett who is
scheduled to be executed on April 28, 2015. Dow is actively pursuing relief for
Pruett and has filed two petitions for a writ of certiorari in the Supreme Court of
the United States, one of which is still pending. See Pruett v. Texas, No. 14-8837
(U.S. filed Mar. 10, 2015). Dow intends soon to file a third petition for a writ of
certiorari off an opinion handed down by the United States Court of Appeals for
the Fifth Circuit on Friday, April 10, 2015. See Pruett v. Stephens, No. 15-70006
(5th Cir. Apr. 10, 2015). As this Court is aware, Dow has filed a petition for writ
of prohibition on behalf of Pruett in this Court, and that petition is currently
pending.
Dow has prepared a subsequent application for post-conviction writ of
habeas corpus which he intends to file in the trial court pursuant to Article 11.073
of the Texas Code of Criminal Procedure on April 20, 2015.1 Once that document
has been received by the trial court, Dow desires to file in this Court a motion for
stay of execution pending the disposition of that application. As the Court is
aware, pursuant to the Court’s order of January 14, 2015, Dow cannot practice in
this Court on behalf of the clients he represented on that day (of which Pruett is
one) without first obtaining leave. In re Dow, Nos. WR-61,939-01, WR-61,939-
02, at *3 (Tex. Crim. App. Jan. 14, 2015). This Court previously granted Dow
leave to appear on the petition for writ of prohibition filed on behalf of Pruett.
Order, In re Pruett, No. WR-62,099-03 (Tex. Crim. App. Apr. 1, 2015).
Counsel therefore respectfully prays the Court grant Dow leave to appear to
file motion to stay Pruett’s execution and to appear in proceedings pursuant to the
application for writ of habeas corpus once that document is forwarded to this Court
by the trial court.
Respectfully submitted,
/s/ Casie L. Gotro
Casie L. Gotro
State Bar No. 24048505
440 Louisiana, Suite 800
Houston, Texas 77002
Office: 832-368-9281
Fax: 832-201-8273
Email: Casie.Gotro@gmail.com
1
This is a separate pleading from the application for which a motion to appear was filed on April
16 and which was filed in the trial court on April 17.
Nicole DeBorde
TBN: 00787344
712 Main St., Suite 2400
Houston, Texas 77002
Office: 713-526-6300
Fax: 713-228-0034
Email: Nicole@debordelawfirm.com
Attorneys for David Dow
CERTIFICATE OF SERVICE
I hereby certify that on April 18, 2014, a copy of the foregoing motion was
served on counsel for the State, Melinda Fletcher, via email to
mfletcher@sputexas.org.
/s/ Casie L. Gotro
Casie L. Gotro