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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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Austin, TX

Bread winners: 10 Austin bakeries you'll love

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Bread winners: 10 Austin bakeries you'll love


Craving something sweet? Maybe something flaky? Austin may be known for tacos and barbecue, but its bakeries are the unsung heroes of the local food scene. We think it’s time to give them the spotlight they deserve.

Whether you’re looking for pastries by day or celebratory cakes by night, these locally owned bakeries are proof that life is butter with carbs.

Comadre Panadería, 1204 Cedar Ave. | Try something new at this Mexican-American bakery (which is a two-time James Beard semi-finalist) like the highly raved-about concha and pink cake.

La Pâtisserie, multiple locations | A case full of colorful macarons is the main attraction at this French bakery, which also offers pastries, cake, scones, buns, croissants, and wine.

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If you’re lucky (like City Editor Morgan was), you may be able to find a frowning gingerbread man at Quack’s 43rd Street Bakery.

Quack’s Bakery, multiple locations | Keeping Austin sweet since 1983, these beloved bakeries make pies, cakes, pastries, and more from scratch with no additives. Be sure to check out seasonal offerings like Pride, Halloween, and Christmas-themed cookies.

Rockman Coffee + Bakeshop, 2400 E. Cesar Chavez St., Ste. #200 | Owned by award-winning pastry chef Amanda Rockman, this newly opened bakeshop is all about caffeine, gluten, butter, sugar, and booze. Grab a rip ‘n’ dip bagel, strawberry cheesecake croissant, or focaccia sandwich.

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Sour Duck Market, 1814 E. Martin Luther King Jr. Blvd. | The neighborhood bakery within this American restaurant + beer garden is not to be missed. Snag a traditional bite like a savory Danish pastry or a creative concoction like the sweet potato-chai bearclaw.

Sugar Mama’s Bakeshop, 1905 S. 1st St. | Desserts are king at this sugary locale that offers classic cupcakes, cookies, lemon + pecan bars, cakes, and mini-pies in-store, with custom offerings available for larger orders.

Texas French Bread, 2900 Rio Grande St. | Currently housed in an Airstream trailer, this small but mighty bakery (serving Austinites since 1981) sells goods on a first-come, first-served basis. You’ll have to visit in person to see the full menu of bread, pastries, and sweets available each day.

Upper Crust Bakery, 4508 Burnet Rd. | This family-owned scratch bakery has it all, whether you want a cup of coffee and a pastry, a smoked turkey sandwich for lunch, or a layered cake to take home and enjoy.

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The counter and display glass display case at Walton's Fancy and Staple in Austin; there are pastries inside the case and you can see the menu behind the counter detailing the dishes. The building's signature red brick wall can be seen behind the counter, and the restaurant's logo is scrolled across the window to the right.

The inside of Walton’s Fancy and Staple is charming as ever.

Walton’s Fancy & Staple, 609 W. 6th St. | Amid a cluster of bars on West 6th Street, this bakery + deli owned by Sandra Bullock is a beacon of sweetness. Its pastries and sweet treats are made daily, but you can also order custom cakes.

Zucchini Kill Bakery, multiple locations | Calling all vegan, gluten, and soy-free folks with a sweet tooth. This woman-owned bakery is a haven for those with dietary restrictions and incorporates the spirit of punk music into its delicacies.

What’s your favorite bakery in Austin? Let us know and we might add it to this list in the future.

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Austin, TX

Texas Longhorns Release First Injury Report vs. Kentucky Wildcats

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Texas Longhorns Release First Injury Report vs. Kentucky Wildcats


AUSTIN — The Texas Longhorns and Kentucky Wildcats have released their initial student-athlete availability report ahead of Saturday’s meeting in Austin.

Texas is listing receiver DeAndre Moore Jr. as questionable due to a foot injury while linebacker Morice Blackwell Jr. is questionable after sitting out for the 20-10 win over the Arkansas Razorbacks last week.

“He’s progressing this week,” Texas head coach Steve Sarkisian said of Moore Jr. during Wednesday’s SEC Weekly Teleconference. “We’ll see if he’ll be ready to go here Saturday, but we’re surely a better team when he’s out there.”

Fortunately for Texas, running back Jaydon Blue was not listed on the report after being seen in a sling following the Arkansas game.

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Here’s the full report for both teams:

Texas vs. Kentucky injury report

Texas vs. Kentucky injury report / secsports.com
Texas vs. Kentucky injury report

Texas vs. Kentucky injury report / secsports.com

Sarkisian provided an injury update on Moore Jr., Blue and Blackwell Jr. on Monday during his weekly press conference.

“I think Blue’s good,” Sarkisian said. “Like I said, he went with us today and worked this morning. So we’ll see how it goes. … Mo Blackwell was out last week. … I’m hopeful we can get him back this week. We’ll see how it goes. … DeAndre got nicked up during the game with a foot injury. Again, those two guys (Blackwell) are integral parts to our program, not only on offense and defense, but on special teams. They’re critical. So hopefully we get both those guys back.”

No. 3 Texas and Kentucky will kick off from DKR on Saturday at

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Other Texas Longhorns News:

MORE: Here Is What The College Football Playoff Bracket Looks Like After Nov. 19 Rankings

MORE: Texas A&M Aggies Coach Slips Up In Press Conference When Asked About Texas Longhorns

MORE: Brent Venables Blasting 5-Star Commit For Visiting Texas Longhorns? ‘Not Committed!’

MORE: Texas Longhorns Remain at No. 3 in Latest College Football Playoff Rankings

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MORE: Texas Longhorns Announce Home and Home Matchup vs. Notre Dame Fighting Irish



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Austin, TX

UT Energy Expertise To Guide New Gulf Coast Hydrogen Hub, Bolster U.S. Energy Supply

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UT Energy Expertise To Guide New Gulf Coast Hydrogen Hub, Bolster U.S. Energy Supply


AUSTIN, Texas — The University of Texas at Austin will partner with industry and the U.S. Department of Energy’s Office of Clean Energy Demonstrations to build and expand a hub for hydrogen energy production along the Texas Gulf Coast that will help increase and diversify the nation’s energy supply. UT serves as founding member and lead academic organization.

The HyVelocity Hub (HyV), a regional energy consortium, aims to become the largest hydrogen hub in the nation. It will leverage the region’s high concentration of existing hydrogen production and end-use assets to develop low-carbon intensity hydrogen that can power trucks, industrial processes, ammonia production, refining and petrochemical production, and marine shipping fuel.

“Texas is the nation’s energy capital, and UT is the energy university, and we are no stranger to playing a leading role in America’s energy innovation,” said UT President Jay Hartzell. “The success of the HyVelocity Hydrogen Hub is critical to our nation’s future energy security. We are excited to work with our industry partners and apply our vast energy, business and policy expertise to develop the hydrogen workforce and accelerate production along the Gulf Coast.”

UT will provide expertise to support community benefits activities and hydrogen workforce development efforts. UT, through the IC2 Institute and the RESET lab in the Cockrell School of Engineering, has a significant track record of working with over 80 communities in Texas and bordering states to understand community needs and connect these to economic development initiatives to improve the lives of all community members. The hydrogen proto-hub demonstration facility at the Center for Electromechanics will serve as a key resource for hands-on workforce training activities. UT researchers will also conduct life-cycle and techno-economic analyses for the projects. For example, they will provide the analyses required for meeting emissions criteria, clean hydrogen standards, and cost benchmarks, and will report these data to the Department of Energy.

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“UT Austin’s role in the HyVelocity Hydrogen Hub will be vital to both providing the research and expertise needed to accelerate the global market for hydrogen, and to developing the workforce needed to support the industry’s advancement over the long term in Texas and the Gulf Coast,” said Brian Korgel, the Rashid Engineering Regents Chair Professor in the McKetta Department of Chemical Engineering and the director of the UT Energy Institute. “We are proud to be part of this important project that will advance secure and sustainable energy in the U.S. and all over the world.”

HyV’s work will be at the forefront of maintaining and expanding Texas as a global leader in hydrogen energy development. With $22 million in the first tranche of funding, HyVelocity is expected to create up to 45,000 well-paying jobs over its lifetime and reduce carbon dioxide emissions by 7 million metric tons per year — equivalent to the annual emissions of more than 1.5 million gasoline-powered cars. The Department of Energy is investing $1.2 billion in the project.

As the nation’s premier university for energy innovation and excellence, UT brings an unmatched scale, depth and breadth of expertise and a pragmatic approach to advancing solutions across the full spectrum of energy. Situated in the heart of Texas, UT is in the center of the energy capital of the world. The University boasts numerous top-10 academic programs and a vast community of minds spanning a multitude of energy departments, centers and institutes. UT’s extensive industry partnerships and field research extend from the oil fields of West Texas to the other side of the world, with faculty, students and staff engaged in applied research in hydrogen, carbon capture, wind, solar, batteries and more.



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