Case Information

*0 RECEIVED COURT OF CRIMINAL APPEALS 4/8/2015 ABEL ACOSTA, CLERK *1 WR-62,099-03 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 4/8/2015 12:55:52 PM Accepted 4/8/2015 1:12:29 PM ABEL ACOSTA CLERK No. WR-62,099-03 IN THE COURT OF CRIMINALAPPEALS FOR THE STATE OF TEXAS In re Robert Lynn Pruett, Petitioner, vs.

William Stephens , Director, Texas Department of Criminal Justice,

Correctional Institutions Division Respondent.

_________________________________ MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF PROHIBITION

_________________________________ CAPITAL CASE MR. PRUETT IS SCHEDULED TO BE EXECUTED ON APRIL 28, 2015.

_________________________________ David R. Dow ddow@central.uh.edu University of Houston Law Center 100 Law Center Houston, Texas 77204-6060 TEL: (713) 743-2171 FAX: (713) 743-2131 *2 No. WR-62,099-03 IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS In re Robert Lynn Pruett, Petitioner, vs.

William Stephens , Director, Texas Department of Criminal Justice,

Correctional Institutions Division Respondent.

_________________________________ MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF PROHIBITION

_________________________________

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL

APPEALS:

Relator-Petitioner Robert Lynn Pruett files this motion for leave to file a

petition for writ of prohibition pursuant to Rule 72.1 of the Texas Rules of

Appellate Procedure and this Court’s order of April 1, 2015.

Pruett respectfully requests that this Court grant him leave to file the Petition

for Writ of Prohibition that was attached to the motion for leave to allow counsel to

appear filed on March 26, 2015, and that this Court filed in cause number WR-

62,099-03 on April 1. The petition asks the Court to enter an order prohibiting the

Director from carrying out Pruett’s execution on April 28, 2015. In addition, filed

contemporaneously with this Motion for Leave is a notice, directing the Court to a

critical false factual statement contained in the response to the Writ of Prohibition,

filed by the State on April 2, 2015.

Pruett’s petition for a writ of prohibition raises the claim that his execution

would be in violation of the Eighth and Fourteenth Amendments because of the

State’s failure to properly preserve physical evidence in his case. Because Pruett

“has no right to present [the] Eighth Amendment claim” raised in the petition “by

way of appeal or habeas corpus application under Article 11.071,” he has not

adequate remedy at law, and this Court should therefore find that the claim is

properly presented in a petition for writ of prohibition. Ex parte Chi , 256 S.W.3d

702, 702 (Tex. Crim. App. 2008).

Respectfully Submitted, s/ David R. Dow __________________________ David R. Dow University of Houston Law Center 100 Law Center Houston, Texas 77204-6060 Tel. (713) 743-2171 Fax (713) 743-2131 Counsel for Robert Pruett *5 CERTIFICATE OF SERVICE I certify that on the 8th day of April 2015, a true and correct copy of the

above legal document was delivered via email 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