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A Texas execution is renewing calls for clemency. It’s rarely granted

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AUSTIN, Texas (AP) — A Texas man set to die this month is at the center of another push for clemency in the U.S., this time backed by several GOP lawmakers and bestselling author John Grisham, who say a father’s 2002 conviction for killing his infant daughter deserves a second look.

Their pleas to spare Robert Roberson, who is set to die by lethal injection on Oct. 17, comes after Missouri and Oklahoma carried out executions last month over calls to grant two condemned men lesser punishments, underlining how rare clemency remains for death row prisoners.

The cases highlight one of a governor’s most extraordinary powers — whether to allow an execution to proceed. In Texas, the state’s parole board and Republican Gov. Greg Abbott have yet to weigh in on Roberson, whose defenders say was convicted based on faulty scientific evidence.

In Missouri, the execution of Marcellus Williams on Sept. 24 reignited calls for transparency in the decision-making process after a prosecutor and the victim’s family had urged Republican Gov. Mike Parson to reduce the sentence. Parson said multiple courts had not found merit in Williams’ innocence claims.

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“Capital punishment cases are some of the hardest issues we have to address in the Governor’s Office, but when it comes down to it, I follow the law and trust the integrity of our judicial system,” Parson said in a statement before Williams’ execution.

Clemency is the process that allows a governor, president or independent board to lessen the sentence of a person convicted of a crime. In most states, a state board recommends clemency to the governor before it can be approved.

Clemencies are usually a last push by defendants on death row to have their sentence reduced after all other efforts in the judicial system have failed.

Historically, grants for clemency are rare. Aside from a few mass orders from governors to commute all death sentences in their state, less than two have been granted on average per year since then, according to the Death Penalty Information Center.

Oklahoma Gov. Kevin Stitt rejected a recommendation from the state’s parole board to spare the life of Emmanuel Littlejohn life before he was executed. In a 3-2 vote, the board appeared convinced by Littlejohn’s attorneys, who questioned if he or a co-defendant were responsible for a 1992 killing of a store owner.

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Stitt — who has granted clemency just once out of the five times the board has recommended it during his nearly six years in office — said in a statement that he did not want to overturn a jury’s decision to execute Littlejohn “as a law and order governor.”

In Missouri, Williams’ execution followed public outcry from the victim’s family and prosecutor last month in a historic week of five executions in a seven-day span.

It’s unclear if Missouri’s Parole Board, which makes confidential recommendations to the governor on clemency requests, advocated for Williams’ execution. Williams’ defense attorneys said those records should be public.

“Transparency is a hallmark of Democracy, and it is woefully missing here,” they said in a statement.

Governors are usually balancing a few things when deciding to commute a sentence, including the severity of a crime or if they’re remorseful, according to Arizona State University law professor Dale Baich, an attorney who has represented people facing execution.

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But Baich also suspects other factors can come into play. “I think it all comes down to politics,” Baich said.

Eighty-six state representatives — as well as medical experts, death penalty attorneys, a former detective on the case and Grisham — are supporting Roberson because they believe his conviction was based on faulty scientific evidence.

Roberson was sentenced to death for killing his 2-year-old daughter, Nikki Curtis, in 2002. Prosecutors claimed he violently shook her to death from what’s known as shaken baby syndrome. In a letter sent to the board last month, medical professionals claimed that Curtis’ injuries aligned with pneumonia and not shaken baby syndrome.

Prosecutors have claimed that the science of shaken baby syndrome has not changed significantly since Roberson’s conviction and that the evidence against him still holds.

“We want our justice system to work. And I think Texans deserve to know that if a man is going to be executed, that it is right and he is guilty,” state Rep. Lacey Hull, a Republican from Houston who is one of 30 GOP state representatives to support clemency for Roberson, said last week after she and other lawmakers visited Roberson in prison. “And if there’s even a shadow of a doubt that he is innocent, we should not be executing him.”

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Some Republicans view Roberson’s case as a parental rights issue about the safeguards that need to be put in place to prevent parents from being falsely accused of child abuse.

Abbott can only grant clemency after receiving a recommendation from the the Texas Board of Pardons and Parole. He has commuted a death sentence only once in nearly a decade as governor.

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Ballentine reported from Jefferson City, Missouri. Associated Press writer Juan A. Lozano in Houston contributed to this report.

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Lathan is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.



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Austin, TX

Appeals court rules Texas can require public schools to display Ten Commandments in class

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Appeals court rules Texas can require public schools to display Ten Commandments in class


DALLAS (AP) — Texas can require the Ten Commandments to be displayed in public school classrooms, a U.S. appeals court ruled Tuesday in a victory for conservatives who have long sought to incorporate more religion into schools.

WATCH: Texas school board approves new course material that includes Bible passages

It sets up a potential clash at the U.S. Supreme Court over the issue in the future.

The 5th Circuit Court of Appeals said in the decision that the law did not violate the First Amendment, which protects religious freedom and prevents the government from establishing a religion.

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Texas Attorney General Ken Paxton, a Republican, called the ruling “a major victory for Texas and our moral values.”

“The Ten Commandments have had a profound impact on our nation, and it’s important that students learn from them every single day,” Paxton said.

Organizations representing the families who challenged the law, including the American Civil Liberties Union, said in a statement that they were “extremely disappointed” by the decision.

“The court’s ruling goes against fundamental First Amendment principles and binding U.S. Supreme Court authority. The First Amendment safeguards the separation of church and state, and the freedom of families to choose how, when and if to provide their children with religious instruction. This decision tramples those rights,” the statement said.

The law is among the pushes by Republicans, including President Donald Trump, to incorporate religion into public schools. Critics say it violates the separation of church and state while backers argue that the Ten Commandments are historical and part of the foundation of U.S. law.

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The ruling, which reverses a district court’s judgment, comes after the full court heard arguments in January in the Texas case and a similar case in Louisiana. The appeals court in February cleared the way for Louisiana’s law, requiring displays of the Ten Commandments in public school classrooms. The 5th Circuit Court of Appeals voted 12-6 to lift a block that a lower court first placed on the law in 2024.

Texas law took effect on Sept. 1, marking the largest attempt in the nation to hang the Ten Commandments in public schools. About two dozen school districts had been barred from posting them after federal judges issued injunctions in two cases against the law but went up in many classrooms across the state as districts paid to have the posters printed themselves or accepted donations.

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Austin, TX

Texas DMV launches authorization system for automated commercial vehicles

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Texas DMV launches authorization system for automated commercial vehicles


Waymo self-driving car navigating city traffic, San Francisco, California, August 20, 2024. (Photo by Smith Collection/Gado/Getty Images)

The Texas Department of Motor Vehicles is launching a new authorization system for companies looking to operate automated motor vehicles.

A new goes into effect next month that requires companies using automated vehicles to be authorized by TxDMV with the following requirements:

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  • Complies with all applicable Texas traffic and motor vehicle laws
  • Is equipped with a recording device
  • Uses an automated driving system that complies with federal law
  • Can achieve minimal risk condition in the event of a system failure
  • Has a proper title and registration
  • Maintains motor vehicle insurance

The process allows companies to submit their applications online through the Texas Motor Carrier Credentialing System.

The new laws outlined in Senate Bill 2807 go into effect on May 28.

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Automated vehicles in Texas

The backstory:

Autonomous driving services are already operating in major Texas cities. Dallas, Houston, Austin and San Antonio are all serviced by the driverless ride-share company Waymo.

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In Austin, the service has received dozens of complaints about vehicles stalling, speeding and crashing.

There have also been complaints of vehicles illegally passing school buses.

In March, Swedish company Einride announced plans to bring autonomous freight trucks to Central Texas.

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The Source: Information in this article comes from the Texas Department of Motor Vehicles and previous FOX Local reporting.

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Man charged after driving 100 mph in East Austin, crashing into bus station: affidavit

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Man charged after driving 100 mph in East Austin, crashing into bus station: affidavit


A man was charged with intoxication manslaughter after a crash in East Austin.

The backstory:

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According to an arrest affidavit, on April 17, around 1:31 a.m., officers responded to a crash in the 2800 block of East Martin Luther King Jr. Blvd.

An investigation revealed the driver, Jalen Carter, 32, was driving a 2026 white Nissan at an estimated speed of 100 mph in a 45 mph zone. The car “bottomed out” at a train crossing and lost control. The car then hit a utility pole, hit a bus station, and five parked cars before finally coming to a stop. 

A passenger in the car, Carter’s mother, suffered a serious hand injury. 

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One witness told an officer that Carter had been smoking marijuana about 30 minutes before driving and was acting “abnormal and paranoid.” An officer described Carter’s eyes as bloodshot and glassy. 

An officer said he also “exhibited cyclic behavior” and was alternating between grabbing his mother and falling unconscious.

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When officers tried talking to Carter, they said he was uncooperative and combative. They also said he ignored verbal commands and had to be removed from his mother. 

Carter and his mother were taken to a local hospital. His mother lost her thumb and required emergency surgery. 

At the hospital, Cater was so aggressive that it took about 10 people, including four security guards, to hold him down. He was eventually sedated and intubated. 

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Carter was later charged with intoxication assault.

The Source: Information from an arrest affidavit

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Crime and Public SafetyEast Austin



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