Case Information
*0 RECEIVED COURT OF CRIMINAL APPEALS 4/28/2015 ABEL ACOSTA, CLERK *1 WR-21,005-02, -03, -04, -05 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 4/27/2015 4:36:36 PM Accepted 4/28/2015 8:55:18 AM ABEL ACOSTA NosNosNosNos. . . . 21,005 21,005----02, 02, 02, 02, ----03, 03, 03, 03, ----04, 04, 04, 04, ----05050505 21,005 21,005 CLERK ____________________________
IN THE COURT OF CRIMINAL APPEALS OF TEXAS IN THE COURT OF CRIMINAL APPEALS OF TEXAS IN THE COURT OF CRIMINAL APPEALS OF TEXAS IN THE COURT OF CRIMINAL APPEALS OF TEXAS
AT AUSTIN AT AUSTIN AT AUSTIN AT AUSTIN ____________________________
EX PARTE LESTER LEROY BOWER,
Applicant.
____________________________
ON APON APON APON APPLICATION FOR WRIT OF HABEAS CO PLICATION FOR WRIT OF HABEAS CORPUS, PLICATION FOR WRIT OF HABEAS CO PLICATION FOR WRIT OF HABEAS CO RPUS, RPUS, RPUS,
IN CAUSE NOSSSS. . . . 33426 IN CAUSE NO IN CAUSE NO IN CAUSE NO 33426----AAAA, , , , 33423342334233427777----AAAA,,,, 33423342334233428888----AAAA,,,, & & & & 33429 33426 33426 33429----AAAA,,,, 33429 33429
FROM THE 15TH15TH15TH15TH JUDICIAL COURT FROM THE FROM THE FROM THE JUDICIAL COURT JUDICIAL COURT JUDICIAL COURT
OF GRAYSON COUNTY OF GRAYSON COUNTY OF GRAYSON COUNTY OF GRAYSON COUNTY ____________________________
UNOPPOSED MOTION TO GRANT ACCESS TO RECORDS UNOPPOSED UNOPPOSED UNOPPOSED MOTION TO GRANT ACCESS TO RECORDS MOTION TO GRANT ACCESS TO RECORDS MOTION TO GRANT ACCESS TO RECORDS
____________________________
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:
The Attorney General of Texas, by and through his attorney of record,
Assistant Attorney General Stephen M. Hoffman, requests that the Court
allow transmittal to and use of the records in this matter by the Office of
General Counsel for the Governor of the State of Texas in order to evaluate Mr.
Bower for executive clemency or a thirty-day reprieve. This Court has deemed
these records confidential due to the presence of sealed documents within the
records. These records were previously transmitted to the Court for its
consideration in relation to Bower’s Texas Code of Criminal Procedure Article
11.071 application for a state writ of habeas corpus. See Ex parte Bower , Nos.
21,005-02, -03, -04, -05 (Tex. Crim. App. Jun. 11, 2014) (per curiam)
(unpublished). Mr. Bower is currently scheduled for execution on June 3, 2015.
This is not a request that any records should be disclosed to the general
public, and all prior orders sealing various documents and designating the
record confidential should remain in effect. All items currently sealed shall
remain sealed and the general public will not have access to the record.
Defense counsel, D’Andra Shu, Esq., was contacted on April 24, 2015, and
indicated that she was not opposed to the release of these records to the
Governor’s Office for the purposes of executive clemency or reprieve.
CONCLUSION CONCLUSION CONCLUSION CONCLUSION The Attorney General respectfully requests that the Court allow access
to the records in cause numbers 21,005-02, -03, -04, & -05 by the Office of
General Counsel for the Governor of the State of Texas to evaluate Mr. Bower
for executive clemency or thirty-day reprieve.
Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General ADRIENNE MCFARLAND Deputy Attorney General for Criminal Justice *3 EDWARD L. MARSHALL Chief, Criminal Appeals Division /s/ Stephen M. Hoffman * Attorney-in-charge *STEPHEN M. HOFFMAN
Assistant Attorney General Texas Bar No. 24048978 P. O. Box 12548, Capitol Station Austin, Texas 78711 Tel: (512) 936-1400 Fax: (512) 320-8132 Email: Stephen.Hoffman@ texasattorneygeneral.gov ATTORNEYS FOR RESPONDENT *4 CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE
Pursuant to Rule 9.5(b)(1) of the Texas Rules of Appellate Procedure, I
do hereby certify that, if the email address for counsel of record for applicant
is on file with the electronic filing manager, then a true and correct copy of the
foregoing pleading was served electronically through the electronic filing
manager. In the event that counsel’s email address was not on file at the time
this motion was filed, I do hereby certify that on this the 27th day of April,
2015, a true and correct copy of the foregoing pleading was served on counsel,
via electronic mail to:
Peter Buscemi, Esq.
MORGAN, LEWIS, AND BOCKIUS LLP
1111 Pennsylvania Avenue NW
Washington, DC 20004
Email: pbuscemi@morganlewis.com
D’Andra Millsap Shu, Esq.
Morgan, Lewis & Bockius LLP
1000 Louisiana Street, Suite 4000
Houston, TX 77002-5005
Email: dshu@morganlewis.com
Counsel for Lester Leroy Bower, Jr.
/s/ Stephen M. Hoffman STEPHEN HOFFMAN Assistant Attorney General *5 Nos. 21,005----02, 02, 02, 02, ----03, 03, 03, 03, ----04, 04, 04, 04, ----05050505 Nos. 21,005 Nos. 21,005 Nos. 21,005
____________________________
IN THE COURT OF CRIMINAL APPEALS OF TEXAS IN THE COURT OF CRIMINAL APPEALS OF TEXAS IN THE COURT OF CRIMINAL APPEALS OF TEXAS IN THE COURT OF CRIMINAL APPEALS OF TEXAS
AT AUSTIN AT AUSTIN AT AUSTIN AT AUSTIN ____________________________
EX PARTE LESTER LEROY BOWER,
Applicant.
____________________________
ON APPLICATION FOR WRIT OF HABEAS CORPUS, ON APPLICATION FOR WRIT OF HABEAS ON APPLICATION FOR WRIT OF HABEAS ON APPLICATION FOR WRIT OF HABEAS CORPUS, CORPUS, CORPUS,
IN CAUSE NOS. 33426----A, 33427 IN CAUSE NOS. 33426 IN CAUSE NOS. 33426 IN CAUSE NOS. 33426 A, 33427----A, 33428 A, 33427 A, 33427 A, 33428----A, A, A, A, & & & & 33429 A, 33428 A, 33428 33429----A,A,A,A, 33429 33429
FROM THE 15TH JUDICIAL COURT FROM THE 15TH JUDICIAL COURT FROM THE 15TH JUDICIAL COURT FROM THE 15TH JUDICIAL COURT
OF GRAYSON COUNTY OF GRAYSON COUNTY OF GRAYSON COUNTY OF GRAYSON COUNTY ____________________________
ORDER ORDER ORDER ORDER
____________________________
This Court hereby grants the Office of General Counsel for the Governor
of the State of Texas access to the records in cause numbers 21,005-02, -03, -
04, & -05 for to evaluate the applicant for executive clemency or thirty-day
reprieve. All prior orders sealing documents and designating the record
confidential shall remain in place, and the records shall not be disclosed to the
general public.
SIGNED on this the ________ day of _________________, 2015.
_____________________________________