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MustReadTexas.com [ [link removed] ] – @MustReadTexas [ [link removed] ]
BY: @MattMackowiak [ [link removed] ]
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MONDAY || 11/18/24
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AUSTIN NEWSLETTER LAUNCHED
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TOP NEWS
“Texas can schedule Robert Roberson's execution -- but lawmakers still expect his testimony first,” Texas Tribune's Kayla Guo — “Texas can proceed with scheduling the execution of death row inmate Robert Roberson despite his claims of innocence and calls for a new trial. But a Texas House committee, whose members believe Roberson was convicted based on junk science, still expects him to provide them with testimony about his conviction and appeals.
Roberson was convicted of capital murder in 2003 for the death of his 2-year-old daughter, Nikki, who was diagnosed with shaken baby syndrome.
In October, Roberson’s execution was halted at the 11th hour after the Texas House Criminal Jurisprudence Committee subpoenaed him to testify. That set off a separation of powers conflict [ [link removed] ] between the legislative and executive branches, with the Texas Supreme Court staying Roberson’s execution to consider which branch’s authority trumped whose in this circumstance.
The court ruled [ [link removed] ] Nov. 15 that a legislative committee’s authority to compel testimony through a subpoena could not be used to override the executive branch’s authority to carry out Roberson’s death sentence as scheduled.
That allows the prosecuting district attorney to now request the scheduling of a new execution date. A new date cannot fall within 90 days of the request. Anderson County District Attorney Allyson Mitchell, who sought Roberson’s last execution date, did not respond to a message asking if and when she intended to request a new execution warrant.
After the Nov. 15 court ruling, Gretchen Sween, Roberson’s attorney, asked the state to refrain from requesting a new date.
“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,” Sween said in a statement.
Roberson’s attorneys have at least three months to file any new appeals in his criminal case. The courts have denied all of his appeals thus far, most recently on procedural grounds — so it was unclear what remaining legal recourse he had.
Gov. Greg Abbott also has the authority to grant a one-time 30-day reprieve. But he had declined to do so leading up to Roberson’s scheduled execution in October, and he excoriated House lawmakers [ [link removed] ] for interfering in Roberson’s sentence.
Though the Texas Supreme Court cleared the way for Roberson’s execution, it also noted that there was now plenty of time for the Texas Department of Criminal Justice to produce Roberson for testimony in response to the legislative subpoena.
“If the committee still wishes to obtain his testimony, we assume that the department can reasonably accommodate a new subpoena,” Justice Evan A. Young wrote. “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.”
After the court’s decision Nov. 15, State Reps. Joe Moody, D-El Paso, and Jeff Leach, R-Plano, who have spearheaded the effort to win Roberson a new trial, said in a statement that they would seek to follow through on the committee’s subpoena to obtain Roberson’s testimony.
“The Supreme Court 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 in doing so,” Moody and Leach said in a statement. “That has been our position all along, and we look forward to working with the Executive Branch to do just that.”" Texas Tribune [ [link removed] ]
FREE SUBSCRIPTIONS HAVE ENDED: As of July 11, 2022, we have moved to a paywall for free subscribers. Free subscribers will only receive the top story in their morning email. Free subscribers will need to become paid subscribers to receive full story summaries.
TX TRIB: “A West Texas lawmaker wants to redirect millions of tax dollars to plug abandoned wells” Texas Tribune [ [link removed] ]
HOU LANDING: “Last votes counted flip Harris County district judge race to Democrat Nicole Perdue” Houston Landing [ [link removed] ]
DMN: “Republican gains with Latino voters bad news for Texas Democrats” DMN [ [link removed] ] ($)
FW REPORT: “Fort Worth motorists increasingly stuck in traffic as commute times increase” FW Report [ [link removed] ]
SAEN: “These Texas judges could be Trump's next Supreme Court picks” SAEN [ [link removed] ] ($)
NEWS FROM AROUND THE STATE
> TX TRIB: "How some Texas parents and historians say a new state curriculum glosses over slavery and racism" TX TRIB [ [link removed] ]
> AP: "The key moments as a Texas man faces execution in a shaken baby syndrome case" AP [ [link removed] ]
> TPR: "FBI says hateful texts were also sent to Hispanic and LGBTQ community after election" TPR [ [link removed] ]
> DMN: "Organic carrots linked to national E. Coli outbreak that left 1 dead, several others sick" DMN [ [link removed] ]
> FWST: "$25 million has been pumped into Fort Worth businesses, many underserved. Here’s how" FWST [ [link removed] ]
> AAS: "'Every parent's nightmare': Mom actually didn't kill child, judge says" AAS [ [link removed] ]
> TPR: "Texas company, supervisor indicted in fatal 2021 trench collapse" TPR [ [link removed] ]
> TPR: "Texas Matters: Stories about welcoming migrants" TPR [ [link removed] ]
> TPR: "Texas Sen. Roland Gutierrez on mass deportations and rebuilding the Democratic Party" TPR [ [link removed] ]
> MRT: "Small oil producers use Blockchain for Energy to reduce emissions" MRT [ [link removed] ]
> AAS: "Texas Democrats were doomed from the start in 2024, data analyst finds" AAS [ [link removed] ]
> HOU CHRON: "Here's what Houston economists say Trump policies will do for the region" HOU CHRON [ [link removed] ]
> COMMUNITY IMPACT: "Texas Board of Education to vote on first state-developed textbooks Nov. 18" COMMUNITY IMPACT [ [link removed] ]
> SAEN: "Feds OK swap of property set aside for endangered birds" SAEN [ [link removed] ]
> COMMUNITY IMPACT: "Travis County renews public health crisis declaration amid rising local opioid overdoses" COMMUNITY IMPACT [ [link removed] ]
> THE TEXAN: "Dallas Developer Pleads Guilty to Bribing City Council Members" THE TEXAN [ [link removed] ]
> DMN: "Four people snared as police say bear costume used to defraud insurance firms" DMN [ [link removed] ]
> TX TRIB: "Texas’ uneven population boom is creating ghost towns in many rural counties" TX TRIB [ [link removed] ]
EXTRA POINTS
Last weekend's Texas sports scores:
Fri
> NBA: LA Lakers 120, San Antonio 115
> NBA: Houston 125, LA Clippers 104
> NCAAF: Arizona 27, Houston 3
> NCAAF: UTSA 48, Arkansas-Little Rock 27
> NCAAM: UT-RGV 86, Charleston Southern 76
> NCAAM: #23 Texas A&M 78, #21 Ohio State 64
> NCAAM: Michigan 76, TCU 64
> NCAAM: Butler 81, SMU 70
> NCAAM: UT-Arlington 95, Texas College 69
Sat
> NBA: Dallas 110, San Antonio 93
> NCAAF: #3 Texas 20, Arkansas 10
> NCAAF: #14 SMU 38, Boston College 28
> NCAAF: #15 Texas A&M 38, New Mexico State 3
> NCAAF: Baylor 49, West Virginia 35
> NCAAF: Texas State 58, Southern Miss 3
> NCAAM: Texas 89, Mississippi Valley State 43
> NCAAM: Arkansas State 59, Stephen F. Austin 49
> NCAAM: Rice 77, Northwestern State 75
> NHL: Dallas 2, Minnesota 1
Sun
> NBA: Dallas 121, Oklahoma City 119
> NBA: Houston 143, Chicago 107
> NCAAM: #12 Baylor 104, Tarleton State 41
> NCAAM: Samford 97, Texas Southern 82
> NCAAM: Sam Houston State 85, Lamar 72
Tonight's Texas sports schedule:
> 7pm: NBA: Houston at Milwaukee (NBA TV)
> 7pm: NFL: Anaheim at Dallas (ESPN+ )
> 7:15pm: NFL: Houston at Dallas (ESPN)
> NCAAM: Tarleton State at #12 Baylor (ESPN+)
> NCAAM: Texas Southern at Samford (ESPN+)
DALLAS COWBOYS / HOUSTON TEXANS: "Houston Texans vs. Dallas Cowboys: Five things to watch" Houston Chronicle [ [link removed] ] ($)
DALLAS COWBOYS / HOUSTON TEXANS: "DMN expert predictions for Dallas Cowboys-Houston Texans" DMN [ [link removed] ] ($)
DALLAS COWBOYS / HOUSTON TEXANS: Cowlishaw: "Will Cowboys serve as court-correction for Texans' rough month?" DMN [ [link removed] ] ($)
TEXAS FOOTBALL: "Ewers' two touchdowns, Texas' defense lead No. 3 Longhorns past Arkansas 20-10" AP [ [link removed] ]
TEXAS A&M FOOTBALL: "Reed accounts for three TDs as No. 15 Texas A&M rolls to 38-3 win over New Mexico State" AP [ [link removed] ]
SMU FOOTBALL: "3 keys for SMU against VIrginia: Limiting mistakes can help Mustangs" DMN [ [link removed] ] ($)
DALLAS MAVERICKS: "Mavericks bully Western Conference rival Oklahoma City Thunder in win" DMN [ [link removed] ] ($)
HOUSTON ASTROS: "Houston Astros: Diakin Park replaces Minute Maid Park" Houston Chronicle [ [link removed] ] ($)
DALLAS WINGS: "Dallas Wings win lottery, will pick No. 1 overall in 2025 WNBA draft" DMN [ [link removed] ] ($)
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