For the second time in two years, the Texas Court of Criminal Appeals is considering whether to overturn Neal Robbins’ capital murder conviction and remand him for a new trial. This is the first case to reach the state’s highest criminal court in response to a new law.
On Nov. 27, the CCA ordered briefing in Ex Parte Robbins. This is due to the fact that SB 344, which was passed this year by the Texas Legislature and became effective Sept. 1, amended the Texas Code of Criminal Procedure to authorize a court to grant a new trial based on relevant scientific evidence not available at the time of the convicted person’s trial.