Dan Epps

No, but it's requiring people, you know, I think these rules, at least the one in California is tries to override the decisions of local school officials. Right. Like you cannot share this information.

I want to think about that more. I don't want to freelance on that one. I guess there's a good answer in response to that. Yeah, okay. Okay. Did you see Roberson versus Texas?

I want to think about that more. I don't want to freelance on that one. I guess there's a good answer in response to that. Yeah, okay. Okay. Did you see Roberson versus Texas?

It's the statement of Justice Sotomayor about respecting the denial of an application for stay of execution and a cert petition for this Capitol prisoner in Texas, Leslie Roberson, who has been convicted of capital murder for supposedly murdering his chronically ill infant daughter.

It's the statement of Justice Sotomayor about respecting the denial of an application for stay of execution and a cert petition for this Capitol prisoner in Texas, Leslie Roberson, who has been convicted of capital murder for supposedly murdering his chronically ill infant daughter.

In the years since his conviction, many, many people have come to believe that he's innocent and that this rests on extremely shoddy science. There's a spate of these kind of shaken baby cases where experts came in and said this baby was clearly shaken and murdered, and that we now believe that it was just not credible and that these were not homicides at all.

In the years since his conviction, many, many people have come to believe that he's innocent and that this rests on extremely shoddy science. There's a spate of these kind of shaken baby cases where experts came in and said this baby was clearly shaken and murdered, and that we now believe that it was just not credible and that these were not homicides at all.

These were just children that died of other causes. There's a lot of reason to think that this is one such case. Texas has thus far been totally unwilling to reconsider this guy's conviction. And so he filed an application for stay and a cert petition. Justice Sotomayor spends a lot of time talking about the facts and how troubling they are and then says, well, here's the problem.

These were just children that died of other causes. There's a lot of reason to think that this is one such case. Texas has thus far been totally unwilling to reconsider this guy's conviction. And so he filed an application for stay and a cert petition. Justice Sotomayor spends a lot of time talking about the facts and how troubling they are and then says, well, here's the problem.

There's no federal claim here. And then she says, under these circumstances, a stay permitting examination of Robertson's credible claims of actual innocence is imperative. Yet this court is unable to grant it. That means only one avenue for relief remains open, an executive reprieve. In Texas, blah, blah, blah, blah, blah. Basically, she uses this.

There's no federal claim here. And then she says, under these circumstances, a stay permitting examination of Robertson's credible claims of actual innocence is imperative. Yet this court is unable to grant it. That means only one avenue for relief remains open, an executive reprieve. In Texas, blah, blah, blah, blah, blah. Basically, she uses this.

She says, an executive reprieve of 30 days will provide the Texas Board of Pardons and Parole's with an opportunity to reconsider the evidence for Eberson's actual innocence that could prevent a miscarriage of justice from occurring, executing a man who has raised credible evidence of actual innocence. So it was interesting. I mean, I kind of agree with a lot of her concerns here.

She says, an executive reprieve of 30 days will provide the Texas Board of Pardons and Parole's with an opportunity to reconsider the evidence for Eberson's actual innocence that could prevent a miscarriage of justice from occurring, executing a man who has raised credible evidence of actual innocence. So it was interesting. I mean, I kind of agree with a lot of her concerns here.

It was an interesting use of the statement respecting denial to sort of say, yes, you know, I agree there's nothing we can do here. Like there's, there's no federal claim here that, that makes sense. And yet I'm going to tell the executive, you know, please take a look at this.

It was an interesting use of the statement respecting denial to sort of say, yes, you know, I agree there's nothing we can do here. Like there's, there's no federal claim here that, that makes sense. And yet I'm going to tell the executive, you know, please take a look at this.

So I think it is conceivable maybe there would be an actual innocence claim. The court has never resolved whether there are freestanding actual innocence claims.

So I think it is conceivable maybe there would be an actual innocence claim. The court has never resolved whether there are freestanding actual innocence claims.

I think that here, she tells us his only federal challenge was to the Texas Court of Criminal Appeals practice of issuing boilerplate opinions, dismissing subsequent habeas petitions for purported failure to apply Texas's procedural requirements in habeas cases. So he may have been able to come up with a better – Federal claim, maybe a freestanding actual innocence claim.

I think that here, she tells us his only federal challenge was to the Texas Court of Criminal Appeals practice of issuing boilerplate opinions, dismissing subsequent habeas petitions for purported failure to apply Texas's procedural requirements in habeas cases. So he may have been able to come up with a better – Federal claim, maybe a freestanding actual innocence claim.

The court has never said those are available. The court has never conclusively said they're not available. Probably this court would say they're not available if it had to decide the issue. But here, it seems like he did not even make that argument.