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

_________________________________

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
CLERKNo. WR

- 62,099

- 03

IN THE

COURT OF CRIMINAL APPEALS

FOR THE STATE OF TEXAS

In re Robert Lynn Pruett

,

Petitioner,

vs.

Wi lliam Stephens

, Director, Texas Department of Criminal Justice,

Correctional Institutions Division

Respondent.

_________________________________

MOTION FOR LEAVE TO FILE

PETITION FOR WRIT OF PROHIBITION

_________________________________

TO THE HONORABL E 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, 201 5.

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 to2 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 f alse 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 Amendment s 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 Pruett4 CERTIFICATE OF SERVICE

I certify that on the 8 th day of April 201 5 , 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) 93 6

- 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