Whether an assistant medical examiner’s recantation of her 1999 testimony that helped convict Neal Hampton Robbins of capital murder falls within the state’s new habeas law is at the crux of the first case testing that law.
During March 19 arguments before the Texas Court of Criminal Appeals in Ex Parte Robbins, the CCA judges peppered attorneys for Robbins and the state with questions about the Legislature’s intent when it passed SB 344 in 2013. The bill added Article 11.073 to the Texas Code of Criminal Procedure; it authorizes a court to grant a new trial based on relevant scientific evidence not available at the time of a convicted person’s trial.
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