Can I Get a New Trial From the "Junk Science" Law in Texas?

 Posted on September 30, 2024 in Violent Crimes

In 2013, the state of Texas passed a junk science law that many called "innovative," "pioneering," and even "revolutionary." This law aimed to allow new trials in cases that were determined using flawed scientific evidence. Unfortunately, the highest court in Texas has rejected every death row challenge filed under Article 11.073 of the Texas Criminal Code, as well as many other non-death row challenges.

Those facing murder charges in Texas have every reason to fear the outcome, as the state has notoriously harsh criminal offense laws. If you or a loved one is facing murder or manslaughter charges, contacting a highly experienced Hood County, TX criminal defense attorney from The Law Offices of Rob Christian can be the best step you can take during this difficult time.

Has the Texas Junk Science Law Helped Anyone?

One of the more high-profile examples of this broken law dates back to the 2003 murder conviction of a man who was found guilty of killing his two-year-old daughter by shaking her. Shaken Baby Syndrome - the "science" that convicted the man – has been declared junk science in courts across the United States. Initially attracting widespread support from law enforcement, shaken baby syndrome has since been called the "most prolific example of well-entrenched junk science," based on faulty studies that were not properly tested for causation.

The Texas man’s attorneys asked for a new trial based on new findings they claimed would completely debunk the flawed science presented in the original trial. The court initially agreed in 2016, admitting a 302-page filing claiming new evidence invalidated the finding of shaken baby syndrome.  Medical records and long-lost CAT scans that the man’s attorneys said proved his child did not die from being shaken were included.

The state, in response, submitted a 17-page filing arguing the science around shaken baby syndrome had not changed all that much. Seven years after initially halting the man’s execution, the state’s highest criminal court set an execution date of October 17. To date, not a single person on death row in Texas has been able to use Article 11.073 to obtain a new trial. Many similar examples show the 2013 law did not have the intended results.

What Are the Different Types of Murder and the Penalties for Murder in Texas?

In Texas, first-degree murder charges apply to the majority of murder cases. Second-degree murder applies only when the defendant can successfully prove the sudden passion defense. Other homicide crimes in the state include capital murder, manslaughter, intoxication manslaughter, and criminally negligent homicide.

A first-degree murder conviction requires the element of intent except in cases where a defendant commits or attempts to commit a dangerous felony other than manslaughter, and in the course of that felony, an individual is killed (this is known as the Felony Murder Doctrine).

All murder convictions are first-degree felonies. A conviction for a first-degree felony carries between five and 99 years in prison or life in prison. Manslaughter is a second-degree felony, with a conviction resulting in two to 20 years in prison. Manslaughter is a death caused by reckless behavior with no specific intent. A person convicted of capital murder, the most serious murder charge, can receive life in prison or the death penalty.   

Are There Defenses to Charges of Murder?

Each person’s charges involve different circumstances, facts, and evidence. Therefore, the defense must be specifically tailored to the individual. The most common defenses to murder charges include:

• Self-defense or defense of others

• Mistaken identity

• Actual innocence/alibi

• Lack of intent

• Duress

• Temporary insanity

• Heat of passion

• Accidental death

• Violations of constitutional rights

• Police or prosecution errors

Contact a Hood County, TX Homicide Defense Lawyer

If you are facing murder, capital murder, or manslaughter charges, your future, your freedom, and even your life is on the line. Speaking to a skilled Hood County, TX murder defense attorney ensures your rights are protected throughout the process and that you have the best chance possible for the most positive outcome available.

Attorney Rob Christian is a former Hood County District attorney with over 20 years as a prosecutor, giving him exceptional insight into the other side's thought process and procedures. Our firm is available 24/7 for those charged with a criminal offense. Contact The Law Offices of Rob Christian at 682-936-4003 to ensure you have a comprehensive defense to your charges.