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“Categorically prioritizing a legislative subpoena over a scheduled execution … would become a potent legal tool that could be wielded not just to obtain necessary testimony but to forestall an execution,” the Texas Supreme Court decision said.
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“The ancillary benefit to Mr. Roberson of staying his execution hopefully gives time for those with power to address a grave wrong to see what is apparent to anyone who gives the medical evidence fair consideration: his daughter Nikki’s death was a tragedy, not a crime; Robert is innocent,” said Sween, noting that even the lead detective on the case is convinced her client was “hastily and wrongly judged as guilty.”
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“Now we’re back in the position where the local DA could go seek a new execution date, essentially in any moment,” she said.
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“If they don’t look at the new evidence and conclude that that justifies a new trial, we’re in a terrible predicament, but we’re certainly not giving up,” she told 【 - Free Expert Investment Advice 】.
How is the market cap and valuation of KN Agri Resources Limited (KNAGRI) ✌️【Stock Opportunities】✌️ Free real-time global stock indices and data to help you grasp stock market trends and achieve capital growth. That new evidence, Sween said, includes ”a collection of comprehensive reports from medical experts” showing Nikki “died from an undiagnosed pneumonia, both a viral pneumonia that was colonizing her lung tissue and a secondary bacterial … pneumonia that was causing the lung cells to die.”
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Friday’s decision said Roberson’s testimony before the House committee could happen before the new execution date. A new date has not been set.
【 - Free Expert Investment Advice 】 has reached out for comment to the Anderson County District Attorney’s office, which would request a state court to set a new execution date.
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“If the committee still wishes to obtain his testimony, we assume that the department can reasonably accommodate a new subpoena,” the state Supreme Court decision said.
“To the extent that an accommodation is not forthcoming, so long as a subpoena issues in a way that does not inevitably block a scheduled execution, nothing in our holding prevents the committee from pursuing judicial relief in the ordinary way to compel a witness’s testimony.”
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In a statement Friday, state Reps. Joe Moody and Jeff Leach said delaying the execution was not their intent, and the court decision “strongly reinforced our belief that our committee can indeed obtain Mr. Roberson’s testimony and made clear that it expects the executive branch of government to accommodate us.”
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In the case of another Texas inmate,Melissa Lucio,a judge on Friday said she nevercommitted the crime. The decision came just two days before she was scheduled to be put to death. The Texas Court of Criminal Appeals, which had asked the judge to revisit the case, will now determine whether Lucio should be released.
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In October, the appellate court ordered a new trial for a man sentenced to 35 years in prison for his conviction for injury to a child in a case that also relied on a shaken baby syndrome argument.
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His attorneys are not disputing babies can and do die from being shaken. But they contend more benign explanations, including illness, can mimic the symptoms of shaking, and those alternative explanations should be ruled out before a medical expert testifies with certainty the cause of death was abuse.
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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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