Summary
This document is a motion filed in the Texas Court of Criminal Appeals seeking a stay of Daniel Lee Lopez’s scheduled execution on August 12, 2015. The motion argues that the court should permit resolution of claims concerning Lopez’s waiver of state habeas review and evidence of actual innocence.
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Questions Presented
- Whether Lopez's execution should be stayed to permit resolution of his claim that the process by which he waived state habeas review violated due process.
- Whether Lopez's alleged actual innocence warranted a stay of execution under the Eighth Amendment.
Factual background
Daniel Lee Lopez was convicted of capital murder and sentenced to death in Nueces County, Texas. His execution was scheduled for August 12, 2015. Counsel asserted that Lopez's waiver of state habeas review did not comply with due process and that evidence supported a claim of actual innocence.
Procedural history
Lopez was convicted of capital murder and sentenced to death in the 117th Judicial District Court of Nueces County, Texas. He was scheduled to be executed on August 12, 2015. In a separately filed pleading, counsel sought reconsideration of the court's order accepting Lopez's decision to waive state habeas review, and this filing requested a stay so those claims could be resolved.