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 STAY OF EXECUTION 

PENDING DISPOSITION OF

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 STAY OF EXECUTION 

PENDING DISPOSITION OF

PETITION FOR WRIT OF PROHIBITION 

_________________________________

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL 

APPEALS:

Relator-Petitioner Robert Lynn Pruett files this motion for a stay of 

execution pending the disposition by this Court of his petition for writ of 

prohibition filed pursuant to Rule 72.1 of the Texas Rules of Appellate Procedure. 

Mr. Pruett is scheduled to be executed on Tuesday, April 28, 2015, after 6 o’clock 

p.m., pursuant to his conviction and sentenced entered in the 156th District Court 
2

of Bee County, Texas. Judge Bert Richardson’s order scheduling Pruett’s 

execution was entered on December 17, 2014. In his contemporaneously filed 

pleadings, Mr. Pruett has moved the Court for leave to file a petition for a writ of 

prohibition and has filed a petition for a writ of prohibition. The petition asks this 

Court to enter an order prohibiting the Director from carrying out Pruett’s 

execution. Mr. Pruett is entitled to a stay of execution pending the disposition of 

his petition for a writ of prohibition because there exists a likelihood that he will 

suffer irreparable injury if a stay of execution is denied. Without a stay of 

execution, the State will execute Mr. Pruett while serious questions remain as to 

whether the State has violated the Eighth or Fourteenth Amendment by failing to 

properly preserve physical evidence and thereby prevent Pruett from proving that 

he is innocent of Daniel Nagle’s murder. 
3

PRAYER FOR RELIEF

Accordingly, Mr. Pruett respectfully requests that this Court stay his 

execution scheduled for April 28, 2015 and grant any other relief that law or justice 

may require.

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