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IN THE COURT OF CRIMINAL APPEALS OF TEXAS

IN AUSTIN, TEXAS

)

)

 EX PARTE DANIEL LEE )

 LOPEZ, ) CAUSE NO. WR-77,157-01

)

 APPLICANT ) 

)

_____________________________

MOTION FOR STAY OF EXECUTION

_____________________________

Mr. Lopez is scheduled to be executed on Wednesday, August 12, 2015, 

after 6 o’clock p.m.

Counsel to Daniel Lee Lopez

James Gregory Rytting

Texas Bar No. 24002883

Hidler & Associates, P.C.

819 Lovett Blvd.

Houston, Texas 77006-3905

Tel. (713) 655-9111

Fax (713) 655-9112

Email james@hilderlaw.com

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

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

CLERK
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS

IN AUSTIN, TEXAS

)

)

 EX PARTE DANIEL LEE )

 LOPEZ, ) CAUSE NO. WR-77,157-01

)

 APPLICANT ) 

)

_____________________________

MOTION FOR STAY OF EXECUTION

_____________________________

TO THE HONORABLE JUDGES OF THIS COURT:

Daniel Lee Lopez, through undersigned counsel, respectfully moves 

this Court to order a stay of execution to permit resolution of the 

constitutional claim presented in his case. In support of this application for 

stay of execution, Mr. Lopez would show the following:

Mr. Lopez is scheduled to be executed on August 12, 2015, pursuant

to his conviction and sentence of death entered in the 117th Judicial District 

Court of Nueces County, Texas. In a separately filed pleading, Counsel

have asked that this Court reconsider its order accepting Lopez’s decision to 

waive state habeas review of his conviction and sentence because the 

process by which he was allowed to waive did not comport with the dictates 

of Due Process. Moreover, there is sufficient evidence that Lopez is actually 
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innocent of capital murder and his execution would therefore be in violation 

of the Eighth Amendment’s protection against cruel and unusual 

punishment. Counsel request this Court stay Mr. Lopez’s execution so that 

these issues may be addressed. In the absence of a stay, Mr. Lopez will 

suffer irreparable injury because he will be executed.
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PRAYER FOR RELIEF

Accordingly, Counsel respectfully request that this Court stay Lopez’s

execution scheduled for August 12, 2015, and grant any other relief that law 

or justice may require.

Respectfully submitted,

s/ James Gregory Rytting

__________________________

James Gregory Rytting

Texas Bar No. 24002883

Hilder & Associates, P.C.

819 Lovett Blvd.

Houston, Texas 77006-3905

Tel. (713) 655-9111

Fax (713) 655-9112

Email james@hilderlaw.com

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

Email ddow@central.uh.edu

Counsel to Daniel Lee Lopez

																																																							 1 Contemporaneously with this pleading, Counsel is filing a motion for leave to appear in 

this case pursuant to the Court’s January 14, 2015 order.
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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was 

served via email to Nueces County District Attorney Mark Skurka at 

nueces.districtattorney@nuecesco.com on July 27, 2015.

/s/ David R. Dow

_____________________________

David R. Dow