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The Texas Supreme Court has ruled against lawmakers who used their subpoena power to halt the execution of a death row inmate for his daughter’s “shaken baby” death, paving the way for it to proceed. "Categorically prioritizing a legislative subpoena over a scheduled execution, in other words, 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 said in its ruling Friday. But the Office of the Attorney General quickly appealed the subpoena, which was supported by a district court judge's temporary injunction that halted Roberson's execution. After the state's highest criminal court agreed with the attorney general's office, allowing Roberson's execution to continue, lawmakers then petitioned their case to the Texas Supreme Court. "Given the overwhelming new evidence of innocence, we ask the State of Texas to refrain from setting a new execution date."

Persons: Robert Roberson, Nikki, Roberson, Joe Moody, Jeff Leach, Moody, Leach, Ken Paxton, Nikki's, Gretchen Sween, Robert, Sween Organizations: Texas Supreme, Committee, Democrat, Republican, of Locations: Texas, U.S, Nikki's, Houston, Austin, of Texas

“We’re going to be asking everyone who sells drugs, gets caught, to receive the death penalty for their heinous acts,” he added. President Joe Biden had campaigned on passing legislation to eliminate the death penalty at the federal level, but pulled back on that in office. Biden’s aides say he supports death row inmates serving life sentences without probation or parole. Meanwhile, the Justice Department under Biden and Garland has not sought the death penalty in federal cases that could have warranted it, and has even withdrawn death penalty sentences in about two dozen cases that it had inherited. There are currently 40 inmates, all men, on federal death row, according to the nonpartisan Death Penalty Information Center.

Persons: Donald Trump, ” Trump, “ We’re, ”, Trump, Yasmin Cader, Grover Cleveland, William Barr, “, Joe Biden, General Merrick Garland, Biden’s, Garland, Lee Kovarsky, Biden, Kovarsky, “ they’re, can’t, Ruth Friedman, ” Friedman, Friedman, Robert Roberson, Robert Dunham, ” Dunham, Dunham Organizations: Center for Justice, Equality, U.S, Department, Biden, Boston Marathon, University of Texas School of Law, Punishment, Trump, Trump’s, Federal, Habeas, Republican, Democratic, National Registry, ACLU Locations: Alabama, South Carolina, Pittsburgh, Texas

Robert Roberson, 57, was set to become the first person in the U.S. executed in a "shaken baby" case until members of the state House Criminal Jurisprudence Committee issued a subpoena to have him testify at a legislative hearing this week. Despite efforts by the attorney general's office to appeal, as the execution was scheduled to get underway on the evening of Oct. 17, the Texas Supreme Court, in an 11th-hour decision, sided with the lawmakers, handing Roberson a temporary reprieve. Texas Attorney General Ken Paxton during the annual Conservative Political Action Conference meeting in National Harbor, Md., on Feb. 23. The attorney general's office also described alleged sexual abuse. The attorney general's office said Wednesday that state lawmakers have "attempted to mislead the public by falsely claiming that Roberson was unfairly convicted through 'junk science' concerning 'shaken baby syndrome.'"

Persons: Ken Paxton, Robert Roberson, Roberson, Paxton, Nikki, Mandel Ngan, Paxton's, Doug Deason, Greg Abbott, Joe Moody, untruths, general's, Robert, Brian Wharton, Wharton, Gretchen Sween Organizations: Texas Supreme, Conservative Political, Getty, Texas GOP, Gov Locations: Texas, U.S, National Harbor, Md, AFP

☆ Harvey Weinstein diagnosed with cancer and LeBron could make NBA history with son Bronny: Morning Rundown
▼ + stars: | 2024-10-22 | by ( Elizabeth Robinson | Elizabeth Robinson Is A Newsletter Editor For Nbc News | Based In Los Angeles. | ) www.nbcnews.com time to read: +9 min

And LeBron James and his son Bronny could make NBA history tonight. LeBron James and son Bronny set to mark an NBA firstLeBron James talks to his son, Bronny James during the Los Angeles Lakers' preseason game against the Golden State Warriors on Oct. 18. While fans are in for months of exciting matchups, one of the season’s most anticipated moments could come tonight, during the Los Angeles Lakers’ game against the Minnesota Timberwolves. It’s possible LeBron James, entering his record-tying 22nd season, will play alongside his oldest son Bronny James — a first in NBA regular-season history. Read more about Bronny James’ potential NBA debut.

Persons: Harris, Harvey Weinstein, LeBron James, Bronny, Adek Berry, Xi Jinping, Kamala Harris, Joe Biden, ”, Brian Wong, Donald Trump, Jia Qingguo, Wong, Jia, Trump, ➡️ Trump, McDonald’s, ➡️, Usha Vance, JD Vance’s, Elon Musk, Tim Sheehy, hasn’t, Andrew Kelly, Weinstein, Bronny James, Ezra Shaw, Bronny James —, Andrew Greif, 🏀, ronny o, ake, ronny, akers, deb, Tex, sy, mak, Dod, gam, tod Organizations: U.S, Trump, Getty, University of Hong Kong’s, Contemporary, School of International Studies, Peking University, “, ➡️, Democratic, White, NBC, Republican, NBA, Los Angeles Lakers, Golden State Warriors, Minnesota Timberwolves, e, pla Locations: China, U.S, AFP, Beijing, Contemporary China, Taiwan, Trump, Montana, New York, York

A highly anticipated legislative hearing began Monday but without its key witness: a Texas inmate whose execution for his daughter's "shaken baby" death was narrowly averted last week. The high court, however, said Sunday it would not rule on the manner in which Roberson must testify. Roberson, 57, has maintained his innocence in the 2002 death of his 2-year-old daughter, Nikki, based on "shaken baby syndrome." But hours later, Roberson said, he woke up and realized Nikki was not breathing and her lips looked blue. Wharton, the lead detective in the case, has also voiced his support for Roberson, telling House committee members at a hearing last week: "This is an innocent man, beyond question."

Persons: Robert Roberson, Joe Moody, Roberson, Moody, Robert, Nikki, Greg Abbott, Lester Holt, Brian Wharton, Wharton, Anderson Organizations: Texas Supreme, Texas Department, Criminal, of Criminal, Texas Gov, NBC News, Prosecutors, Food and Drug Administration Locations: Texas, Austin, Houston, United States

☆ What we know: Fate of Texas death row inmate’s testimony before a state legislative committee is uncertain
▼ + stars: | 2024-10-21 | by ( Dakin Andone | Ed Lavandera | ) edition.cnn.com time to read: +11 min

By Thursday evening, after a series of court battles and escalating appeals, the Texas Supreme Court had issued a temporary stay of execution. The AG is representing TDCJ, and is calling the shots, while simultaneously attacking the underlying subpoena before the Texas Supreme Court. We expected that the subpoena would be honored pursuant to Texas law and the Committee’s intent. “It’s the entire case, and that is Mr. Roberson’s case,” Keith Findley, professor emeritus with the University of Wisconsin Law School, testified before the Texas Committee on Criminal Jurisprudence last week. The Texas Court of Criminal Appeals previously issued a stay of execution in Roberson’s case in 2016, sending a claim under Article 11.073 (among others) back to the trial court.

Persons: Robert Roberson, it’s, Roberson, Nikki Curtis –, Paroles, Gretchen Sween, Sween, Joe Moody, ” Sween, Nikki, Nikki “, –, Brian Wharton, pediatricians, “, ” Keith Findley, ” Dr, Antoinette Laskey, ” Dani Allen, Michael Wyke, ”, Roberson’s, ” Findley, ” Moody, ” CNN’s Ashley Killough, Nicole Chavez Organizations: CNN, Texas, Texas Supreme, US, Texas Attorney General’s, Texas Department, Criminal, Capitol, American Academy of Pediatrics, Palestine, US Centers for Disease Control, CDC, US Army, National Registry, Exonerations, University of Wisconsin Law School, American Academy of Pediatrics ’, Child, Appeals Locations: Texas, TDCJ, Austin, Palestine , Texas, Huntsville , Texas

Robert Roberson, the condemned man whose execution was halted late Thursday because of an unprecedented legal gambit by Texas lawmakers, is expected to appear in person Monday at a legislative hearing in Austin, his legal representatives said. The subpoena was issued to help buy more time for Roberson, who has bipartisan support. The Office of the Attorney General quickly appealed the district court judge’s temporary injunction to the state’s highest criminal court, which agreed with allowing Roberson’s execution to continue. But lawmakers then petitioned their case to the Texas Supreme Court late Thursday as the hours ticked down before midnight — when Roberson’s death warrant was set to expire. State Rep. Brian Harrison, a Republican who helped to introduce the motion to subpoena Roberson, acknowledged Friday that although the execution was blocked, various issues remain at play.

Persons: Robert Roberson, Roberson, Nikki, Brian Harrison, “, ” Harrison, “ We’re, Brian Wice, Greg Abbott, Abbott, ” Wice, Harrison, ” Organizations: Texas Supreme, of Criminal, State, Republican, U.S, Supreme Locations: Texas, Austin, U.S, Nikki’s, Houston

The death of Hamas leader Yahya Sinwar opens a window of opportunity for Israel to end the war in Gaza. The Texas Supreme Court halted the execution of an inmate in a “shaken baby syndrome” case. The length of the stay was not specified but the state Supreme Court wrote in the opinion that the lower court should act swiftly. NOAA issues winter weather forecast as Phoenix finally snaps heat streakParts of Washington state saw the first bouts of snowfall this season, a preview of what’s expected for the region this winter. While forecasters are looking ahead to winter, Phoenix, until Tuesday, had been trapped in a summer that wouldn’t end.

Persons: Yahya Sinwar, Rob Gronkowski, Netanyahu, Sinwar, Ismail Haniyeh, Benjamin Netanyahu, ”, Bruce Riedel, Biden, Antony Blinken, Aaron David Miller, ” Miller, Robert Roberson, Roberson, Read, “, Amanda Hernandez, Trump, Donald Trump, Roe, Wade, Aquilino Gonell, Kamala Harris ’, Joe Biden, Elon Musk, Harris, Mark Cuban, ➡️ Harris, Sen, John McCain, it’s, ➡️ Tim Walz, Mitch McConnell, ➡️, Liam Payne’s, Liam Payne, Luciano Gonzalez, Helene, Laith Wallschleger, Aaron Hernandez, Travis Kelce, Brian Urlacher, JJ Watt, ” Wallschleger, Greg Rosenstein, Elizabeth Robinson Organizations: The Texas Supreme, Israel, Israeli, CIA, Carnegie Endowment, International, Texas Supreme, Texas Department, Criminal Justice, NOAA, Phoenix, Atmospheric Administration, U.S . Capitol, Fox News, Univision, Capitol Police, House, ➡️, Elon, Trump . ➡️, Trump, NBC News, Anadolu, Getty, Apalachee High School, NFL, NBC Locations: Israel, Gaza, The, U.S, Texas, Washington, Phoenix, Arizona, British, Buenos Aires, Argentina, Dallas, Georgia, FX’s

CNN —Texas death row inmate Robert Roberson sat praying in a cell Thursday night, just feet from the execution chamber where he was set to die by lethal injection for the “shaken baby” death of his toddler. Just over 90 minutes before Roberson’s execution was set to begin, the House committee was able to secure a temporary restraining order against the state, pausing the execution. Roberson’s case is called into questionAdvocates for Roberson insist the diagnosis that his daughter died from shaken baby syndrome is inaccurate and has been discredited. Shaken baby syndrome is accepted as a valid diagnosis by the American Academy of Pediatrics and supported by child abuse pediatricians who spoke with CNN. Since 1992, courts in at least 17 states and the US Army have exonerated 32 people convicted in shaken baby syndrome cases, according to the National Registry of Exonerations.

Persons: Robert Roberson, Nikki, Roberson, God, “, ”, Amanda Hernandez, Robert Roberson –, Gretchen Sween, Joe Moody, Jeff Leach, Jennifer Roberson, Robert, “ It’s, Brian Wharton, Wharton, ” Wharton, “ We’ve, ” Roberson, –, Moody, Leach, Greg Abbott, Ken Paxton, pediatricians, Nikki Curtis, Nikki “, Dr, Sandeep Narang, Antoinette Laskey Organizations: CNN, Texas Supreme, Texas House, Texas Department, Criminal, Texas, US, Appeals, Criminal Justice, Division, Texans, Huntsville Unit, Texas Capitol, Texas Gov, American Academy of Pediatrics, US Army, National Registry, American Academy of Pediatrics ’, Child Locations: Texas, Palestine , Texas

☆ Texas 'shaken baby syndrome' execution and One Direction's Liam Payne dies: Morning Rundown
▼ + stars: | 2024-10-17 | by ( Elizabeth Robinson | Elizabeth Robinson Is A Newsletter Editor For Nbc News | Based In Los Angeles. | ) www.nbcnews.com time to read: +9 min

A Texas inmate is set to die in what would be the nation’s first execution involving “shaken baby syndrome.” One Direction member Liam Payne dies at the age of 31. Prosecutors argued that Nikki must have been shaken to death. Since Roberson’s conviction in 2003, the science behind shaken baby syndrome’s diagnosis has come under intense scrutiny. Also yesterday, a petition with more than 116,000 signatures asking Abbott to stop the execution was delivered to his office. Liam Payne at the "One Direction iHeartRadio Album Release Party" in Burbank, California.

Persons: Liam Payne, Paroles, Greg Abbott, Robert Roberson’s, Abbott, Roberson, Nikki, Lester Holt, I’ve, ”, I’m, Payne, Christopher Polk, Clear Channel Payne, fiancée, Henry, —, Donald Trump, Kamala Harris, JD Vance, Brandy Zadrozny, Harris ’, Harris, “ Donald Trump, “ She’s, wouldn’t, Trump, ➡️, Donald Trump shrugged, ➡️ JD Vance, Ron DeSantis, Scott Perry, Tanya Chutkan, Biden, they’ve, Matthew Cappucci, ” — Evan Bush, optometrist, “ You’re, Elizabeth Robinson Organizations: Texas, Prosecutors, NBC News, Telemundo . Police, Getty, Clear Channel, NBC, Fox News, CNN, Democratic, Fox, GOP, Republicans, ➡️, ➡️ Florida Gov, Democrats, Freedom Caucus, Hurricane Milton, National Hurricane Center, MyRadar, Washington Post Locations: Texas, British, Argentina, Burbank , California, U.S, Ukraine, Univision, North Carolina, ➡️ Florida, Pennsylvania, Fulton County, Georgia, Florida

Texas is preparing to put a man to death Thursday in what would be the nation’s first execution involving a case of “shaken baby syndrome,” a diagnosis that has been re-evaluated in more recent years, leading to the overturning of similar convictions. Prosecutors argued that Nikki must have been shaken to death because she had been diagnosed with “the triad” — a swollen and bleeding brain and retinal hemorrhaging — symptoms once believed to be indisputable evidence of shaken baby syndrome. In 2009, the American Academy of Pediatrics changed the name of shaken baby syndrome to the more broadly defined “abusive head trauma” to include injuries caused by mechanisms other than shaking alone. It is now medical consensus that other medical conditions, including infections, accidental trauma and pre-existing illnesses, can also cause the symptoms associated with shaken baby syndrome. Hundreds of possible shaken baby and abusive head trauma cases are reported to hospitals in the U.S. every year, according to a nonprofit advocacy group.

Persons: Robert Roberson, Greg Abbott, Lester Holt, Paroles, Abbott, Roberson, ” Brian Wharton, “, I’ve, I’m, ”, Nikki, Wharton, Roberson's, Gretchen Sween Organizations: U.S, Supreme, NBC, Texas, NBC News, Prosecutors, American Academy of Pediatrics, National Registry, Palestine, Food and Drug Administration Locations: Texas, Huntsville, U.S, East Texas

CNN —A Travis County judge granted a Texas House committee’s last-minute temporary restraining order request against the state just 90 minutes before Robert Roberson was scheduled to be executed Thursday. While authorities have not confirmed the execution is delayed, Roberson’s attorneys and the committee fighting for him told CNN they believe the execution is currently halted. “This is an injustice and his blood is on Abbott and Anderson County,” she told CNN. I did not hear his voice,” Brian Wharton, the former detective who oversaw the investigation into Nikki’s death, told state lawmakers Wednesday at a hearing featuring the case. I don’t want to be there, I don’t want to watch it happen,” Wharton told CNN.

Persons: Travis, Robert Roberson, Amanda Hernandez, Roberson, Sonia Sotomayor, ” Sotomayor, ”, Sotomayor, “, ” Robin Maher, Greg, Abbott, Dale Wainwright, Jennifer Roberson, Brian Wharton, Roberson’s, he’s, pediatricians, Nikki Curtis, They’ve, Paroles, ’, Nikki, Nikki “, –, Robert, ” Brian Wharton, Wharton, Gretchen Sween –, ” Wharton, John Grisham, Sween, Jeff Leach, Antoinette Laskey, ” Laskey Organizations: CNN, Texas, Texas Department, Criminal, US, Former Texas Supreme, Huntsville Unit, Supreme, GOP, Wednesday, Appeals, American Academy of Pediatrics, US Army, National Registry, American Academy of Pediatrics ’, Child Locations: Texas, ” Texas, Travis, Huntsville, Anderson County, Anderson, Palestine , Texas

Greg Abbott, who has the power to commute a death sentence if the Texas Board of Pardons and Paroles recommends doing so. Abbott can still grant a one-time 30-day reprieve to postpone the execution even though the board has denied a clemency bid. In 2009, the American Academy of Pediatrics changed the name of shaken baby syndrome to the more broadly defined “abusive head trauma” to include injuries caused by mechanisms other than shaking alone. It is now accepted medical consensus that the symptoms associated with shaken baby syndrome can also be caused by other medical conditions, including infections, accidental trauma and a pre-existing illness. The uncertainty surrounding shaken baby syndrome has also led to a reevaluation of many criminal cases.

Persons: ” Robert Roberson, Greg Abbott, Paroles, Abbott, Lester Holt, Roberson, “, ” “, ” Roberson, “ I’m, Nikki, Roberson’s, she’d, Brian Wharton, Wharton, Holt, Gretchen Sween Organizations: Texas, U.S, Supreme, NBC News, Prosecutors, American Academy of Pediatrics, National Registry, Palestine Police Department, Food and Drug Administration Locations: Texas, United States, East Texas

☆ Calls for mercy mount as Robert Roberson faces execution for a crime his advocates say did not happen
▼ + stars: | 2024-10-16 | by ( Dakin Andone | ) edition.cnn.com time to read: +4 min

While child abuse pediatricians remain firm on the validity of the diagnosis, Roberson’s attorneys say there is ample evidence that his daughter, Nikki Curtis, did not die of child abuse. Additionally, she had fallen off a bed, and was particularly vulnerable in her sickly condition, Roberson’s attorneys say. Roberson’s attorneys are not disputing that babies can and do die from being shaken. Separately, Roberson’s attorneys have petitioned the Texas Board of Pardons and Paroles and GOP Gov. A bipartisan group of more than 80 Texas legislators has supported Roberson’s case, and his request for clemency.

Persons: CNN —, Robert Roberson, he’s, Roberson’s, pediatricians, Nikki Curtis, –, Paroles, Greg Abbott, Roberson, Abbott, ”, Jeff Leach, ” Leach, Joe Moody, John Grisham –, ” Grisham, “, ’, Ed Lavandera, Ashley Killough Organizations: CNN, US, Texas, GOP Gov, Republican, Washington Post Locations: Texas, Collins County, Anderson County

The inmate’s attorneys call that a misdiagnosis – and also discredit shaken baby syndrome on its face, despite broad consensus among pediatricians it is legitimate. The shaken baby syndrome diagnosis from doctors and nurses, their emotional response to Nikki’s condition and Roberson’s odd reaction all stacked against the then-suspect, said Wharton. “There really is not a controversy in medicine about the existence of abusive head trauma. Just this month, the Texas Court of Criminal Appeals ordered a new trial for a man sentenced to 35 years in prison after being convicted of injury to a child in a case that also relied on a shaken baby syndrome argument. Without shaken baby syndrome, he said, “there’s nothing that’s chargeable here.

Persons: West, Robert Roberson, Nikki Curtis, Roberson, Nikki, ” Roberson, John Grisham, Brian Wharton, Wharton, ”, “, Robert, pediatricians, Dr, Lee Savio Beers, Sandeep Narang, ” Narang, They’ve, Greg Abbott, Nikki Curtis Roberson, ’, Nikki’s, Janet Squires, Squires, ” Squires, Narang, Roberson’s, –, Larry Bowman, Nikki –, ‘, Sciences –, Kate Judson, it’s, ” Dr, Antoinette Laskey, Laskey, he’ll, he’s, I’ll, “ Unforgiveness, he's, Ashley Killough, CNN Wharton, Gretchen Sween, ” Wharton, We’re, LaMotte, Stephanie Becker Organizations: West Livingston CNN, CNN, American Academy of Pediatrics, US Centers for Disease Control, CDC, American Association of Pediatrics, AP, US Army, National Registry, Appeals, SBS, Board, Republican Gov, Integrity, Sciences, American Academy of Pediatrics ’, Child, Texas Department, Criminal, New York Times Locations: West Livingston CNN — Texas, Texas, United States, Roberson’s, Palestine , Texas, ”, Livingston , Texas, Anderson County, Dallas

The lead detective in the case, Brian Wharton, accepted the shaken baby syndrome diagnosis, and Roberson was arrested before an autopsy was even completed. Shifting scienceThe concept of shaken baby syndrome began in the 1970s. Hundreds of possible shaken baby and abusive head trauma cases are reported to hospitals in the U.S. every year, according to a nonprofit advocacy group. A Mississippi man on death row for a shaken baby diagnosis was resentenced to life in prison in 2018 after evidence was re-examined. "The shaken baby concept did not add up," Sween said.

Persons: Robert Roberson, Lester Holt, Greg Abbott, I've, I'm, Roberson, Abbott, Holt, Nikki, Brian Wharton, Wharton, Kate Judson, Judson, Andie Asnes, Asnes, Robert Dunham, Phillips, Gretchen Sween, Sween, Robert Organizations: NBC News, Texas Gov, NBC, Texas, Criminal Appeals, Prosecutors, Center, Integrity, Forensic Sciences, American Academy of Pediatrics, Yale School of Medicine, Child, National Registry Locations: Texas, East Texas, Dallas, U.S, Mississippi

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