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## "· WR-48,152-05 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 1/13/2015 3:41:24 PM Accepted 1/13/20154:38:21 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 INTHE COURT OF CRIMINALAPPEALS ABEL ACOSTA, CLERK OF TEXAS In re GARCIA GLENWHITE, Relator-Petitioner 

### MOTIONREQUESTINGTEMPORARYSTAY OFEXECUTION AND APPOINTMENT OFNEW STATEHABEAS COUNSELUNDER TREVINO 

### V. THALER THISISA DEATHPENALTY CASE. MR. WHITE IS SCHEDULEDTO BEEXECUTED ONJANUARY 28,2015 PatMcCann- CounselforRelator-Petitioner SBOT: 00792680 909 TexasAve, Ste. 205

Houston, Texas 77002 Phone: 713) 223-3805 writlawyer@justice.com TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL APPEALS ATAUSTIN: YourHonors, 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 ofrepresenting a condemned man to the best ofmy ability in this case. Yet no man or lawyer is perfect, nor can any lawyer truthfully say that they are their own bestjudge. 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 ofat least one last set ofobjective eyes tojudgethe work done by

· me. It is my sincere belief, based upon 20 years ofdeath penalty workbefore this

Honorable Court, that a man orwoman 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 ofany attorney; it must always be about ensuring every lastmeasure ofdue processpossible 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 overMr. 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 ofthat arrangement. That is the only reason I am bringing this proposal before the Court at such a late hour. I had anticipated such a reviewby someone else but now it falls to me to at least askthis Courtto take the step ofappointing someone. There is no precedent in the Texas Criminal Code ofProcedure or in case law for this, so I will not cite you any. I believe your inherent powers under Artic.le V, Section 5 ofthe Texas Constitution and the provisions ofthe Trevino case provide legal authorization to take the step that I am asking, which is: a short 90
- 120 day stay ofthe execution, appointment ofeither the Office ofCapital Writs or another qualified individual to examine my habeas work and determine whether there are claims ofineffective assistance which could be brought against me andprovide a gatewayfor Mr. Whiteto obtain relief. I have given greatthought 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 I - procedural and practical burden forithe Court. I further recognize that the Court may determine that in this or in any case that the constitution does not mandate 3this; my respectful response would be that it does not forbid it either. I do not ask for this relieffor delay. This case has been pending for almost 20 years. I do not believe a short delay would affect the ends ofjustice, whether one believes in deterrence or retribution. I ask for this reliefin the sincere beliefthat ifmy 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 notbe objective. Wherefore I respectfully pray on behalfofmy client Garcia Glen White that this Courtconsider a shorttemporary stay ofthe execution and appointment ofnew counsel in orderto 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 butwiththe sincere hope that any failings in my work count against me and not my client. Respectfully submitted, 

### Is/PatrickF. McCann PATRICKF. McCANN SBOT00792680 909 Texas Ave., Ste. 205 Houston, Texas 77002 713.223.3805 281.667.3352 FAX writlawyer@justice.com ATTORNEYFORGARCIA GLEN WHITE

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CERTIFICATE OF SERVICE I, Patrick F. McCann do hereby certify that a true and correct copy ofthe 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/PatrickF. McCann PatrickF. McCann

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