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Texas Rep. privately asks Appellate Judge for new trial in reported conduct violation

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Texas Rep. privately asks Appellate Judge for new trial in reported conduct violation


One of the state lawmakers instrumental in delaying Robert Roberson’s execution, Jeff Leach, allegedly texted a Texas Court of Criminal Appeals judge last week asking for a new trial.

The judge declined to consider the message and the court has been found to lack any jurisdiction in the case. Still, Texas Attorney General Ken Paxton sent an email to the Texas Supreme Court Friday, notifying them of the breach of professional conduct.

Representative Jeff Leach sits on the Texas House Committee of Criminal Jurisprudence, which issued the subpoena for Roberson that ended up delaying his execution. In text messages between him and a Texas Court of Criminal Appeals judge, he wrote he wasn’t aware the matter was already pending and apologized.

Defense attorney and former prosecutor Ty Cardenas-Wittenstein says attempts to influence a judge outside the courtroom can have major ramifications.

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“That’s literally what our system is based on, is justice and fairness,” Cardenas-Wittenstein said. “You’re going to ruin the case. In a criminal case, anybody getting involved like that could easily cause a mistrial, which means everything is stopped.”

RELATED| State Rep. Jeff Leach asked Texas judge to consider a new Robert Roberson trial

She says this is called ex parte communication when one party tries to communicate with the judge about the case without the other parties present.

“One of those lawyers can’t go and, you know, tell the judge a secret or send a secret letter, or even some sort of a social media post or something like that.” Cardenas-Wittenstein said.

This violation typically involves lawyers, but it doesn’t always have to.

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“It can be an investigator. It can be it can be a paralegal,” Cardenas-Wittenstein said. “Anybody that’s on either of the teams, whether they’re directly involved or loosely involved.”

That’s why the Office of the Attorney General says State Representative Jeff Leach violated Texas disciplinary rules of professional conduct when he texted a judge who sits on the Texas Court of Criminal Appeals last week, in an attempt to get her to vote favorably in delaying Robert Roberson’s execution and getting him a new trial.

Roberson is on death row for the 2002 murder of his two-year-old daughter Nikki Curtis, but many including Leach believe he wasn’t given a fair trial.

In a letter reporting the violation that was sent to the Texas Supreme Court and attorneys involved in the case, his text messages were revealed. He allegedly wrote in part…

“I’ve wracked my brain about whether I should send you this message about where I can even send you this message legally and ethically… There are too many questions and too many holes and too much uncertainty and Robert Roberson deserves a new trial.”

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Leach explained to the judge he wasn’t a party to the trial and the case wasn’t actively pending, but the judge replied the matter was indeed pending and thus ex parte communication she couldn’t consider or discuss.

Leach apologized for the error, but the judge still reported the communication.

“For most lawyers, it’s something that you know is ingrained to us,” Cardenas-Wittenstein said. “But you know, for somebody that didn’t go to law school, I don’t know if that would be something that was ingrained in them.”

On the social media platform X Monday evening, Leach apologized publicly. He says in part:

“Unlike some other leaders in our state, I’m not afraid to admit when I mess up and that’s exactly what I did… I am fiercely committed to the rule of law and to strengthening our system of justice. This is why I’m so passionate about the case of #RobertRoberson — because I believe so strongly the system has failed him.”

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Cardenas-Wittenstein says ex-parte communication can sometimes lead to a case being thrown out or a lawyer even losing their license to practice. In this case, though, it doesn’t involve an attorney and the United States Supreme Court has already ruled the Court of Criminal Appeals lacks jurisdiction, sending the case to the Texas Supreme Court where it’s still pending.

CBS Austin reached out to one of Roberson’s attorneys listed in the letter, who declined to comment. We’re also waiting to hear back from the Anderson County District Attorney who was also notified of the violation.



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Texas vs. Texas A&M rivalry reignites excitement among fans tailgating for game

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Texas vs. Texas A&M rivalry reignites excitement among fans tailgating for game


The excitement around the Texas vs. Texas A&M game returned to the 40 acres this weekend. After students camped outside the stadium to secure prime seats, the tailgate lots were full up with Longhorns and Aggies fans alike.

“Go Horns!” exclaimed Darrick Price from UT Tailgaters, celebrating the reunion with “little brother.” Laura McWha, a Texas A&M fan, added, “WHOOP!!” as Aggies traveled from College Station for the game.

Price noted, “It feels amazing. We’re so happy that little brother’s back in town.” The rivalry, restored last year, has friends and family rooting against each other in what is the biggest home game for Texas this year. “I have a senior now who’s considering which school he wants to go to, and I just think it means everything for this city,” Price said.

PREVIOUS COVERAGE| Longhorns vs. Aggies tickets soar as fans prepare for epic showdown

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McWha expressed confidence, saying, “We’ve been doing great this season….We’re gonna show what we’ve got.”

This was about as fiery as the smack talk got today as fans enjoyed communing with their frenemies in the lots.

Lanece Marley, another A&M fan, shared, “I think it’s wonderful. We love coming. We love celebrating with these guys.”

Hannah Morgan, an Austin-native and Aggie grad, reflected on her divided household, saying, “Oh yes I know what it means. It means everything to us.” With a father and brother who went to UT-Austin, Morgan says she successfully converted her mother over to rooting for the Aggies. Morgan also anticipated the game, stating, “I think it’s going to be really sweet to get revenge… to beat them at home would be a big deal for us.”

Texas won last year’s matchup in College Station, which was the first meeting between the two schools since 2011.

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Texas A&M Corps of Cadets carrying the Lone Star Showdown game ball to Austin

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Texas A&M Corps of Cadets carrying the Lone Star Showdown game ball to Austin


COLLEGE STATION, Texas (KBTX) – Football is a big tradition on Thanksgiving Day, and while the Aggies didn’t play, the Texas A&M Corps of Cadets were helping the team get ready by going on a journey to Austin.

Around 80 members of the corps gathered at a lot near Kyle Field at 7:30 p.m. on Thanksgiving Day, where they would begin a 100-mile relay-style event. Broken up into teams, they’ll run to the Corps’ march staging area in Austin, escorted by police, with the plan to be there by 11 a.m.

From there, they will march in with the fightin’ Texas Aggie Band to finish the delivery.

“The goal of this is to be able to inspire the next generation of Aggies and to be able to encourage the entire campus. The entire Aggie network is brought together because we, as the Corps, were inspiring and helping our Aggie team, the football team, as they get ready to take on Texas,” said Carson Seiber, a member of the Texas A&M Corps of Cadets and event coordinator.

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Seiber said since he was a freshman who learned A&M would be playing Texas in Austin his senior year, it was his dream to bring back the tradition that he said started over two decades ago.

“I had this dream, and I kind of talked to people, and now that it’s my senior year, I really had an idea about why not bring the tradition back, why not kind of leave a mark, leave a legacy on the Corp and Texas A&M that hasn’t really happened in a long time,” Seiber said.

The plan really finalized itself about a week ago, but was pitched two months ago. He said what really separates Texas A&M University from every other school is its core values.

“I think it’s been really cool to see the fact that when the Aggies are successful, we see our Aggies support each other, but also in times when are Aggies have not been good at football or tragedies like bonefire, our Aggies are there in victory or defeat,” Seiber said.

The Aggies will take on the Texas Longhorns tomorrow at 6:30 p.m.

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Taylor residents sue to halt proposed data center

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Taylor residents sue to halt proposed data center


TAYLOR, Texas — A proposed data center in Central Texas is getting a lot of pushback from residents. Approximately 40 minutes north of Austin, a group of neighbors in the city of Taylor sued the data center. They are pushing back against the data center that could soon be under construction roughly 500 feet from their neighborhood.

“This property is supposed to be deeded for parkland,” said Pamela Griffin, a resident in the neighborhood next to where the data center will be built. “This land was given to this community.”

The 87-acre land near Griffin’s community is embroiled in a legal battle between her and Blueprint Data Centers.

“We do not need a data center,” Griffin said. “I’m not against them, but we don’t need them in our community.”

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Despite Griffin’s land deed lawsuit, a Texas judge has ruled in favor of the proposed project.

“When a judge dismisses a lawsuit because the plaintiff or the plaintiffs lack standing, what the judge means is you’re not a person who has the legal authority to bring this lawsuit,” said Mike Golden, a law professor at the University of Texas at Austin.

Griffin and other neighbors argue the data center will take away natural resources like water and what was supposed to be the future site of a park, so her fight is not over.

“We are going to the appellate court now,” Griffin said. “We did file.”

Griffin is passionate about advocating for the community because it’s the neighborhood she was born and raised in. Her grandmother bought property there in the early 1960s, and the community became a safe haven for Black people in Taylor.

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“We weren’t allowed to be in the city limits at that time because they would not sell to the Black and brown community, so my grandmother realized they had to buy land outside,” she said.

She worries about the future of her small community now that construction of a 135,000-square-foot data center will begin within the next year.

It’s a project the city says will bring millions in revenue to Taylor.

“What data centers do to a community is it brings an influx of new revenue to all the taxing entities, including the city, the county and especially the school district,” said Ben White, the president and CEO of the Taylor Economic Development Corporation.

He explained how the revenue might benefit the city.

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“City council will have the ultimate say on how those revenues are spent, but it could involve new parks for citizens, improve streets for the citizens, improve programs for the citizens,” he said. “There’ll be a lot of variety of different uses of those funds the council could decide to use them on.”

White also addressed the controversy surrounding the deed when asked about it by Spectrum News.

“We feel comfortable that EDC, we did everything correctly on our side,” he said.

Griffin now awaits the Third Court of Appeals to decide on her case.

“I’m asking for the community and the Taylor people to stick together and understand my fight against this data center coming into our community,” Griffin said.

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