1 

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

IN AUSTIN, TEXAS

 ) 

) 

 EX PARTE DANIEL LEE ) 

 LOPEZ, ) CAUSE NO. _______________

) 

 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

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 

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 

WR-77,157

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 7/27/2015 10:31:34 AM

Accepted 7/27/2015 11:32:32 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. _________________

)

 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 contemporaneously filed pleading, 

Counsel raise a claim that Lopez is actually innocent of capital murder 

because he never intended to kill Lt. Alexander and, in fact, did not see 

Alexander until immediately before hitting him with his vehicle. If Lopez is 

actually innocent of capital murder, as evidence strongly suggests is the 
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case, the Eighth Amendment will not permit his execution. Counsel request

a stay from this Court so that the Court can consider whether the claim 

satisfies section 5 of article 11.071 of the Texas Code of Criminal Procedure 

and, if so, so that the trial court can hear evidence on the claim. 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 

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