No. 22-7546

Robert Leslie Roberson, III v. Texas

Lower Court: Texas
Docketed: 2023-05-15
Status: Denied
Type: IFP
Amici (5)IFP
Tags: actual-innocence criminal-procedure due-process habeas-corpus medical-evidence scientific-consensus shaken-baby-syndrome
Latest Conference: 2023-09-26
Question Presented (from Petition)

(1) Does a conviction, based on a causation theory presented to a jury as scientific fact and used to establish that a homicide occurred, violate due process when later medical and scientific understanding undermines all core premises previously associated with that causation theory?

(2) Are a habeas applicant's due process rights violated when (i) the habeas court ignores substantial, unrebutted new evidence that no homicide occurred and relies instead on the outdated, unscientific evidence presented at trial as the basis for recommending that habeas relief be denied and (ii) the reviewing court uncritically adopts the habeas court's findings and conclusions without any analysis whatsoever?

Question Presented (AI Summary)

Does a conviction based on a discredited scientific theory violate due process?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-03
DISTRIBUTED for Conference of 9/26/2023.
2023-07-28
2023-07-14
Brief of respondent Texas in opposition filed.
2023-06-14
2023-06-14
Brief amicus curiae of The Center for Integrity in Forensic Sciences filed.
2023-06-14
2023-06-14
2023-06-14
2023-06-09
Motion to extend the time to file a response is granted and the time is extended to and including July 14, 2023.
2023-06-07
Motion to extend the time to file a response from June 14, 2023 to July 14, 2023, submitted to The Clerk.
2023-05-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 14, 2023)
2023-04-03
Application (22A856) granted by Justice Alito extending the time to file until May 11, 2023.
2023-03-23
Application (22A856) to extend the time to file a petition for a writ of certiorari from April 11, 2023 to June 7, 2023, submitted to Justice Alito.

Attorneys

Concerned Physicians and Scientists
Dawn Elise Murphy-JohnsonMiller & Chevaler Chartered, Amicus
Retired Federal Judges
Melissa Arbus SherryLatham & Watkins LLP, Amicus
Robert Roberson
Gretchen S. SweenSween Law, Petitioner
Texas
Stephen Matthew HoffmanOffice of the Attorney General, Respondent
Willa CockshuttOffice of the Attorney General, Respondent
The Center for Integrity in Forensic Sciences
Nicole Susanne LeFaveLittler Mendelson. P.C., Amicus
The Innocence Project of Texas
Manuel G. BerrelezVinson and Elkins LLP, Amicus
Witness to Innocence
John Patrick ElwoodArnold & Porter Kaye Scholer LLP, Amicus