Case Information

*1 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 ) ) EX PARTE DANIEL LEE )

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 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 *2 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 *3 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. Dow ^[1] ______________________ 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 *5 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

[1] Contemporaneously with this pleading, Counsel is filing a motion for leave to appear pursuant to the Court’s January 14, 2015 order.