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But Roberson’s future is still uncertain. Though the court order allowed his death warrant to expire at midnight Thursday, a legal battle is still underway and a new execution date could be set after his potential testimony before the lawmakers next week, or sooner if ordered by the court.
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“The vast team fighting for Robert Roberson – people all across Texas, the country, and the world – are elated tonight that a contingent of brave, bipartisan Texas lawmakers chose to dig deep into the facts of Robert’s case that no court had yet considered and recognized that his life was worth fighting for,” Sween said.
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In a matter of days, multiple appeals were rejected in state courts, the Texas pardons board rejected his bid for clemency and the US Supreme Court declined to intervene.
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But a state appeals court later sided with the state and vacated the restraining order Thursday night, with four dissenting judges calling the circumstances of the case “unprecedented” and asking for more study of the legal claims at issue.
Following the appeals court’s decision, the committee fighting for Roberson asked the Texas Supreme Court to issue an injunction against the Texas Department of Criminal Justice and Texas Department of Criminal Justice Correctional Institutions Division.
In its decision Thursday night, the Texas Supreme Court issued a temporary stay halting the execution, but the petition for an injunction is still pending.
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“For over 20 years, Robert Roberson has spent 23.5 hours of every single day in solitary confinement in a cell no bigger than the closets of most Texans, longing and striving to be heard. And while some courthouses may have failed him, the Texas House has not,” state Reps. Joe Moody and Jeff Leach said in a joint statement.
“We look forward to welcoming Robert to the Texas Capitol, and along with 31 million Texans, finally giving him – and the truth – a chance to be heard,” the lawmakers added.
【 - Free Exclusive Stock Market Insights 】 has reached out to the offices of Texas Gov. Greg Abbott and Texas Attorney General Ken Paxton for comment on the court’s decision.
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Other factors, too, contributed to his conviction, they argue: Doctors treating Nikki “presumed” abuse based on her symptoms and common thinking at the time of her death without exploring her recent medical history, the inmate’s attorneys claim. And his behavior in the emergency room – viewed as uncaring by doctors, nurses and the police, who believed it a sign of his guilt – was actually a manifestation of autism spectrum disorder, which went undiagnosed until 2018.
“I told my wife last week that I’m ashamed. I’m ashamed that I was so focused on finding an offender and convicting someone that I did not see Robert. I did not hear his voice,” Brian Wharton, the former detective who oversaw the investigation into Nikki’s death, told state lawmakers Wednesday at a hearing featuring the case.
“He’s an innocent man, and we are very close to killing him for something he did not do,” Wharton previously said.
“His wife started crying, and everybody else just kind of took a deeper breath. Because we all know he’s innocent. We’ve been fighting this fight for a while, and trying to get a fair hearing,” Wharton told 【 - Free Exclusive Stock Market Insights 】.
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Last week, the appeals court ordered a new trial for a man sentenced to 35 years in prison for his conviction of injury to a child in a case that also relied on a shaken baby syndrome argument.
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GOP Rep. Leach, a member of the committee, expressed hope the governor and parole board were listening to the hearing, “because the law that the legislature passed and our governor signed into law is being ignored by our courts, and all we’re seeking to do here is to push the pause button to make sure that it’s enforced.”
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Criminal defense lawyers also have oversimplified how doctors diagnose abusive head trauma, child abuse pediatricians say, noting many factors are considered to determine it.
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Child abuse pediatricians such as Dr. Antoinette Laskey, chair of the American Academy of Pediatrics’ Council on Child Abuse and Neglect, dispute these statistics. She pointed toa 2021 paperthat found just 3% of all convictions in shaken baby syndrome cases between 2008 and 2018 were overturned, and only 1% of them were overturned because of medical evidence. The thoroughness of that study, however,has been called into question.
“I don’t know what to say about the legal controversy,” Laskey told 【 - Free Exclusive Stock Market Insights 】 of the courtroom debate (She did not speak to Roberson’s case). “This is real, it affects children, it affects families … I want to help children; I don’t want to diagnose abuse: That’s a bad day.”
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