Lopez, Daniel ( 2015 )

WR-77,157-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/27/2015 10:09:43 AM
Accepted 7/27/2015 10:33:07 AM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS OF TEXAS CLERK
IN AUSTIN, TEXAS
RECEIVED
COURT OF CRIMINAL APPEALS
7/27/2015
ABEL ACOSTA, CLERK
Ex parte Daniel Lee Lopez,
Cause No. WR-77,157-01
Applicant
MOTION FOR LEAVE TO APPEAR
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
On January 23, 2013, the Honorable Nelva Gonzales Ramos of the United
States District Court for the Southern District of Texas appointed undersigned
Counsel to represent Daniel Lee Lopez in federal habeas proceedings. Order,
Lopez v. Thaler, No. 2:12-cv-00160, ECF No. 17. As the federal court noted,
pursuant to 18 U.S.C. § 3599(e) and Harbison v. Bell, 556 U.S. 180 (2009), this
appointment “continue[s] through ‘every subsequent stage of judicial proceedings
… and all available post-conviction process together with applications for stays of
execution and other appropriate motions and procedures….” Id. at 2.
As this Court is aware, pursuant to the Court’s order of January 14, 2015,
undersigned Counsel cannot practice or appear before this Court without first
obtaining leave to do so. In re Dow, Nos. WR-61,939-01, -02, at *3 (Tex. Crim.
App. Jan. 14, 2015). Counsel therefore respectfully prays the Court grant him
leave to appear to file a motion to stay Lopez’s execution and a suggestion that the
Court reconsider its previous order accepting Lopez’s waiver of state habeas
counsel.
Respectfully submitted,
/s/ David R. Dow
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
Email ddow@central.uh.edu
Counsel for Daniel Lee Lopez
CERTIFICATE OF SERVICE
I hereby certify that on July 27, 2015, a copy of the foregoing motion was
served on Nueces County District Attorney, Mark Skurka, via email to
nueces.districtattorney@nuecesco.com.
/s/ David R. Dow
David R. Dow