Case 4:11-cv-01696 Document 34 Filed in TXSD on 09/22/15 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
RAPHAEL DEON HOLIDAY,
Petitioner,
v.
WILLIAM STEPHENS, Director,
Texas Department of Criminal
Justice, Institutional Division,
Respondent.

Civil Action No. 4:11-cv-1696

RESPONSE OF ATTORNEY TO HOLIDAYS MOTION FOR NEW COUNSEL

Comes Now, Seth Kretzer, and files this Response to Mr. Holidays motion for new
counsel (Doc. No. 33).
Mr. Holiday has at present the same two counsels he has had since his case first came
into the federal system in 2011. Mr. Kretzer and Mr. Volberding wrote a 127-page petition for
certificate of appealability in the Fifth Circuit. They later filed a subsequent certiorari petition in
the Supreme Court. Regrettably, these efforts were unsuccessful.
Mr. Holidays pro se motion says he has not communicated with his lawyers since late
June. As mentioned in the previously filed Advisory, the undersigned drove to Madison County
on August 13 to represent Mr. Holiday at the hearing at which his death warrant was signed. This
appearance was obviously six weeks after the letter of which he speaks. Without divulging any
privileged communications, Counsel warrants to this Court that he visited Holiday (along with
the two original trial counsels, Mr. Blazek and Carter) for nearly two hours on August 13.
Since then, Mr. Volberding and I have continuously communicated with Mr. Holiday and

Case 4:11-cv-01696 Document 34 Filed in TXSD on 09/22/15 Page 2 of 3

those acting on his behalf. To wit, Mr. Volberding mailed Mr. Holiday another letter just
yesterday. Both Counsels have spoken with or emailed Mr. Holidays mother on innumerable
occasions. They also communicate regularly with Mr. Holidays supporters and friends.
The fact that there is currently no live pleading or motion which we have filed on
Holidays behalf does not reflect any antipathy to Holiday or laziness on our part, but rather the
reality that his legal options are exhausted now that his certiorari petition has been denied.
Indeed, the state district court set a sentencing date of more than 90 days past August 13 to make
sure that the new statutorily required length of time was not at any risk of being violated.
Counsels would not hesitate to file a successor writ with the CCA were meritorious
grounds to present themselves for such a writ. For example, in July, Counsels filed (and were
granted) a stay of execution the day before the execution was to take place in the matter of
Clifton Williams v. Stephens.
Counsel has informed Mr. Holiday that we do not plan to seek clemency for him. This is
unfortunate, but given political realities, there is no chance at all that a clemency petition would
be granted. We have explained this to Mr. Holiday.
Absent new circumstances, we nevertheless remain Holidays lawyers even though there
does not appear to be any legal route to delay the pending execution date.
Respectfully submitted,

Seth Kretzer
LAW OFFICES OF SETH KRETZER
The Lyric Center
440 Louisiana Street; Suite 200
Houston, TX 77002
(713) 775-3050 (direct)

Case 4:11-cv-01696 Document 34 Filed in TXSD on 09/22/15 Page 3 of 3

(713) 343-7210 (direct)

(512) 689-6759 (cell)
Skype: Seth.Kretzer
COUNSEL FOR RAPHAEL HOLIDAY
CERTIFICATE OF SERVICE
I certify that the foregoing document was filed on the ECF System on the 22nd day of
September, 2015.
I also certify that a copy was mailed to Mr. Holiday at the Polunsky Unit.

Seth Kretzer