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marmar

(79,260 posts)
Sun Jun 29, 2025, 09:40 AM Jun 2025

Due process? Apparently not in Texas.


Texas could soon execute a man before his appeal is heard — and set a dangerous national precedent
Advocates say Robert Roberson was wrongfully convicted. Texas AG demands the death penalty anyway

By Austin Sarat
Published June 29, 2025 9:00AM (EDT)


(Salon) In death penalty cases, the legal system is put to its sternest test. It needs to treat people fairly, even those people accused of doing horrible things. All too often, it fails.

Robert Roberson knows this that all too well. More than two decades ago, he was convicted of murdering his chronically ill two-year-old daughter Nikki. Crucial to that conviction was expert testimony on so-called “shaken baby syndrome.”

Since then, Roberson has been on death row. But scientific discoveries, along with new evidence, have cast significant doubt on his conviction. Nonetheless, if it’s left to Texas Attorney General Ken Paxton, who recently made an unprecedented intervention in the case, Roberson could be dead by the time his appeal is heard. And what Paxton wants to do could affect how death penalty cases are handled in other states that practice capital punishment.

Since Roberson’s conviction in 2003, shaken baby syndrome has been discredited, and “med­ical experts have…deter­mined [Nikki] died from severe viral and bac­te­r­i­al pneu­mo­nia that doc­tors failed to diag­nose, not from abuse…” ...............(more)

https://www.salon.com/2025/06/29/texas-could-soon-execute-a-man-before-his-appeal-is-heard-and-set-a-dangerous-national-precedent/




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walkingman

(10,350 posts)
1. There is a very good possibility that Texas AG Paxton could beat John Cornyn
Sun Jun 29, 2025, 09:46 AM
Jun 2025

as Texas US Senator. I will never understand the attraction to people like this.

eppur_se_muova

(40,989 posts)
2. Didn't SCOTUS already do this in another case ?
Sun Jun 29, 2025, 09:50 AM
Jun 2025

A long time back -- I think Scalia was involved.

John1956PA

(4,823 posts)
3. Scalia clamored for the execution of a defendant . . .
Sun Jun 29, 2025, 10:07 AM
Jun 2025

. . . who was subsequently exonerated by DNA evidence.

The defendant was a man of color. He was released from prison after DNA evidence established he was not the perpetrator.

In speeches before conservative groups, Scalia was making the man's conviction (which he was ultimately found not to have committed) into a clarion call to speed up executions. Scalia toned it down after DNA evidence exonerated the man. Not long after, Scalia died in bed in a friend's home in Texas.

dalton99a

(92,127 posts)
4. Justice Scalia Says Executing The Innocent Doesn't Violate The Constitution
Sun Jun 29, 2025, 10:18 AM
Jun 2025
https://www.businessinsider.com/antonin-scalia-says-executing-the-innocent-is-constitutional-2014-9
Justice Scalia Says Executing The Innocent Doesn't Violate The Constitution
By Corey Adwar
Sep 4, 2014, 4:00 PM CT

https://slate.com/news-and-politics/2014/09/henry-lee-mccollum-cleared-by-dna-evidence-in-north-carolina-after-spending-30-years-on-death-row.html
A Horrifying Miscarriage of Justice in North Carolina
How many times was Justice Antonin Scalia wrong about Henry Lee McCollum and the death penalty?
By Dahlia Lithwick
Sept 03, 2014 5:37 PM

Disaffected

(6,161 posts)
5. What an absolute horror to inflict on anyone.
Sun Jun 29, 2025, 10:28 AM
Jun 2025

Someone who loses a child (or a spouse) in tragic circumstances , is then convicted of murder and is at the mercy of the Texas justice system.

multigraincracker

(36,989 posts)
6. The problem with the death penalty is that it can be
Sun Jun 29, 2025, 10:34 AM
Jun 2025

wrong and an innocent person is put to death.
To help make sure that doesn’t happen, if new evidence is later found, the jury, judge and prosecutor should be put to death for killing an innocent person. Sounds fair to me and fewer innocent people would die.

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