( ~-· ' ... \ 

~ -· "· WR-48, 152-05 COURT OF CRIMINAL APPEALS 

AUSTIN, TEXAS 

Transmitted 1/13/2015 3:41:24 PM 

Accepted 1/13/2015 4:38:21 PM 

NO. WR-48,152-01; WR-48,152-02; WR-48,152-03; WR-48,152-04; ABEL Ag~~~~ 

WR-48,152-05; WR-48,152-06 

RECEIVED 

COURT OF CRIMINAL APPEALS 

1/13/2015 

IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA, CLERK 

OF TEXAS 

In re 

GARCIA GLEN WHITE, 

Relator-Petitioner 

MOTION REQUESTING TEMPORARY STAY OF EXECUTION 

AND APPOINTMENT OF NEW STATE HABEAS COUNSEL UNDER 

TREVINO V. THALER 

THIS IS A DEATH PENALTY CASE. 

MR. WHITE IS SCHEDULED TO BE EXECUTED 

ON JANUARY 28,2015 

Pat McCann- Counsel for Relator-Petitioner 

SBOT: 00792680 

909 Texas Ave, Ste. 205 

Houston, Texas 77002 

Phone: 713) 223-3805 

writlawyer@justice.com 

TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL 

APPEALS AT AUSTIN: 

Your Honors, 

I will dispense with the normal third-party address form in this motion. I do 

so because I believe I should speak plainly and clearly on this topic to a group of 

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judges before whom I have practiced for many years. I have been privileged to 

represent Mr. Garcia Glen White for over 16 years. I have filed numerous state 

and federal applications for relief on his behalf. I have tried ~o live up to the 

responsibility of representing a condemned man to the best of my ability in this 

case. 

Yet no man or lawyer is perfect, nor can any lawyer truthfully say that they 

are their own best judge. I have represented Mr. White for too long to objectively 

assess whether or not I made mistakes along the way that could have cost him a 

chance at relief. Under Trevino v. Thaler 1

, I believe that my client should at least 

have the benefit of at least one last set of objective eyes to judge the work done by 

· me. It is my sincere belief, based upon 20 years of death penalty work before this 

Honorable Court, that a man or woman facing execution should have the benefit of 

one final look at his lawyer's performance, even mine. I cannot speak for other 

habeas attorneys; I cannot say that in every case this Court should take the action 

that I very respectfully suggest here. Yet this Court has entrusted me with a duty 

that I take most seriously. That duty includes, I believe, as ruthless a selfexamination as I have applied to the lawyers who have come before me. This 

cannot ever be about the pride of any attorney; it must always be about ensuring 

every last measure of due process possible for those who are condemned. 

1 133 S.Ct. 1911 (2013) 

2 
.;_.·· 

Some months ago I was approached by other lawyers in this field who 

indicated they wished to take over Mr. White's case specifically to conduct such a 

Trevino investigation into my own habeas work. I agreed to step aside as soon as 

they had someone to substitute in my place, but the lawyers eventually backed out 

of that arrangement. That is the only reason I am bringing this proposal before the 

Court at such a late hour. I had anticipated such a review by someone else but now 

it falls to me to at least ask this Court to take the step of appointing someone. 

There is no precedent in the Texas Criminal Code of Procedure or in case 

law for this, so I will not cite you any. I believe your inherent powers under 

Artic.le V, Section 5 of the Texas Constitution and the provisions of the Trevino 

case provide legal authorization to take the step that I am asking, which is: a short 

90 - 120 day stay of the execution, appointment of either the Office of Capital 

Writs or another qualified individual to examine my habeas work and determine 

whether there are claims of ineffective assistance which could be brought against 

me and provide a gateway for Mr. White to obtain relief. 

I have given great thought to whether it made sense to ask this Court for this 

relief. I see no other way in good conscience and my duty to my client unless I at 

least put this forward as a course qf action. I recognize that this could create a 

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procedural and practical burden fori the Court. I further recognize that the Court 

may determine that in this or in any case that the constitution does not mandate 

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this; my respectful response would be that it does not forbid it either. I do not ask 

for this relief for delay. This case has been pending for almost 20 years. I do not 

believe a short delay would affect the ends of justice, whether one believes in 

deterrence or retribution. I ask for this relief in the sincere belief that if my client is 

entitled to a full review and procedural due process that he should not depend on 

me to examine my own work as I could not be objective. 

Wherefore I respectfully pray on behalf of my client Garcia Glen White that 

this Court consider a short temporary stay of the execution and appointment of new 

counsel in order to review my own state habeas and federal habeas work. I ask this 

in the interest of justice. I ask this in the humble awareness that I am as imperfect 

an advocate as one may find but with the sincere hope that any failings in my work 

count against me and not my client. 

Respectfully submitted, 

Is/ Patrick F. McCann 

PATRICK F. McCANN 

SBOT 00792680 

909 Texas Ave., Ste. 205 

Houston, Texas 77002 

713.223.3805 

281.667.3352 FAX 

writlawyer@justice.com 

ATTORNEY FOR GARCIA GLEN WHITE 

4 
. . 

CERTIFICATE OF SERVICE 

I, Patrick F. McCann do hereby certify that a true and correct copy of the 

above and foregoing has been served on January 13t\ 2015 via mail delivery to: 

Lynn Hardaway, Harris County District Attorney's Office, 1201 Franklin, Suite 

600, Houston, Texas 77002 and the Capital Litigation's Section at the Attorney 

General's Office. 

/s/ Patrick F. McCann 

Patrick F. McCann 

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