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

Texas Bar No. 06064900

ddow@central.uh.edu

University of Houston Law Center

100 Law Center

Houston, Texas 77204-6060

TEL: (713) 743-2171

FAX: (713) 743-2131

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

 RECEIVED COURT OF CRIMINAL APPEALS 4/8/2015 ABEL ACOSTA, CLERK 
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 
2

appear filed on March 26, 2015, and that this Court filed in cause number WR62,099-03 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).
3

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

Counsel for Robert Pruett
4

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

Texas Bar No. 24059589

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