No. WR-62,099-05

IN THE

COURT OF CRIMINAL APPEALS

FOR THE STATE OF TEXAS

Ex parte

Robert Lynn Pruett,

Applicant.

_________________________________

MOTION FOR STAY OF EXECUTION PENDING DISPOSITION OF 

SUBSEQUENT APPLICATION FOR POSTCONVICTION WRIT OF 

HABEAS CORPUS FILED PURSUANT TO ARTICLE 11.073 OF THE 

TEXAS CODE OF CRIMINAL PROCEDURE

_________________________________

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-62,099-05

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/20/2015 3:58:24 PM

Accepted 4/20/2015 4:28:36 PM

ABEL ACOSTA

CLERK
No. WR-62,099-05

IN THE

COURT OF CRIMINAL APPEALS

FOR THE STATE OF TEXAS

Ex parte

Robert Lynn Pruett,

Applicant.

_________________________________

MOTION FOR STAY OF EXECUTION PENDING DISPOSITION OF

SUBSEQUENT APPLICATION FOR POSTCONVICTION WRIT OF 

HABEAS CORPUS FILED PURSUANT TO ARTICLE 11.073 OF THE 

TEXAS CODE OF CRIMINAL PROCEDURE

_________________________________

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 Subsequent Application for 

Postconviction Writ of Habeas Corpus Filed Pursuant to Article 11.073 of the 

Texas Code of Criminal Procedure filed in the trial court on April 20, 2015. Mr. 

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

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

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

was entered on December 17, 2014. Because it is unlikely Pruett’s jurors would 
2

have been able to convict him if they had been presented the 2009 NAS report that 

indicates that the type of physical match comparison conducted by the State’s 

expert at trial has been discredited, the application asks this Court to remand Mr. 

Pruett’s case to the trial court for further proceedings. Mr. Pruett is entitled to a 

stay of execution pending the disposition of his application 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.
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. Dow1

__________________________

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

 1 On April 20, 2015, a motion for leave for counsel to appear in this cause number was filed. 

The motion remains pending. Though counsel has yet to be granted leave to appear, he feels it 

incumbent upon him to file this motion today, so as not to violate this Court’s Miscellaneous 

Rule 11-003.
4

CERTIFICATE OF SERVICE

I certify that on the 20th day of April 2015, a true and correct copy of 

the above legal document was delivered via the electronic filing service to: 

Jefferson Clendenin

Assistant Attorney General

Criminal Appeals Division

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