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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 downtown shooting: What we know about the gunman, victims and motive

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Austin downtown shooting: What we know about the gunman, victims and motive


A gunman opened fire outside a bar in Austin’s West Sixth Street entertainment district shortly before 2 a.m. Sunday, killing two people and injuring 14 others, authorities said.

Austin Police Chief Lisa Davis said the suspected gunman drove a large SUV around the block several times before the attack. He then rolled down the windows and began firing a pistol, striking patrons at the bar.

The gunman then parked, exited the vehicle and continued shooting with a rifle, police said.

Paramedics and police arrived within a minute after the first 911 call, Davis said. Officers fatally shot the suspected gunman at the scene.

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Here’s what we know so far.

Who were the victims?

Authorities identified the victims as 24-year-old Saditha Shan and 19-year-old Ryder Harrington, a student at Texas Tech University.

“It is unfair, to say the least, that my little brother was only given 19 years on this earth,” his brother, Reed Harrington, wrote on Facebook. “Watching the man he had become, and seeing all the lives he touched, leaves me certain that this world was robbed of a great future.”

Three people injured during the shooting remained in critical condition Monday, though one is expected to be taken off life support later today, Davis said during a Monday news conference.

Who was the gunman?

Austin police identified the gunman as Ndiaga Diagne, a 53-year-old man originally from Senegal.

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The Department of Homeland Security said Diagne entered the United States on a tourist visa in 2000, became a lawful permanent resident in 2006 after marrying a U.S. citizen and became a naturalized citizen in 2013.

In 2017, Diagne legally purchased the guns he used in the shooting in San Antonio, Davis said.

Diagne was arrested in 2022 on a misdemeanor charge of “collision with vehicle damage,” typically issued when a driver leaves the scene of a crash.

The New York Post reported Diagne was arrested for “illegal vending” in New York City in 2001. Citing unnamed sources, the tabloid said he was arrested in New York three other times between 2008 and 2016, but those records are sealed. The Post did not report on whether he was convicted of any crimes.

Authorities said they expect to release more information on Diagne’s criminal history on Thursday as well as body camera footage and other details related to the officer-involved shooting that led to Diagne’s death.

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What was the motive?

Investigators have not announced a motive. However, Alex Doran, acting special agent in charge of FBI San Antonio, said there were indicators that the shooting could be related to terrorism.

Diagne wore a sweatshirt emblazoned with the words “Property of Allah” and a shirt with a design of the Iranian flag, according to the Associated Press. The shooting came hours after the United States and Israel carried out airstrikes in Iran.

What are elected officials saying?

Reactions from Texas politicians have largely fallen along partisan lines. Democrats are calling for stricter gun laws, while some Republicans have focused on the gunman’s immigration history.

After Democratic Senate candidate James Talarico called for proposals such as universal background checks, red flag laws and closing the gun show loopholes that allow for the private sales of firearms at gunshows, Gov. Greg Abbott said the problem wasn’t gun laws but with “unvetted” immigration.

Disclosure: Facebook and Texas Tech University have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

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What to Know About the Shooting in Austin

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What to Know About the Shooting in Austin


Federal investigators are looking into whether a shooting in Austin, Texas, on Sunday—that involved a gunman opening fire at a downtown beer garden, killing two and wounding 14—constitutes a potential act of terrorism.

Alex Doran, the acting special agent in charge of the FBI’s San Antonio Field Office, said in a press conference that while it’s still too early to determine a motive, authorities found “indicators” on the alleged gunman and in his vehicle that “indicate potential nexus to terrorism.”

The suspected gunman, who was reportedly wearing clothes that bore “Property of Allah” and an Iranian flag design, was shot dead in a standoff with law enforcement. 

The shooting happened just a day after the U.S. and Israel launched a major military campaign against Iran. White House Press Secretary Karoline Leavitt said President Donald Trump was briefed on the shooting.

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Texas Gov. Greg Abbott, a Republican who expressed support for the latest Iran strike, said in a statement: “To anyone who thinks about using the current conflict in the Middle East to threaten Texans or our critical infrastructure, understand this clearly: Texas will respond with decisive and overwhelming force to protect our state.” A day before the incident, Abbott directed the Texas Military Department to activate service members to “work alongside state and federal partners to safeguard our communities and critical infrastructure,” and he directed the state’s Department of Public Safety and the Texas National Guard, to “intensify patrols and surveillance.” 

Here’s what to know.

What happened?

Shortly before 2 a.m. Sunday, the suspect circled past Buford’s Backyard Beer Garden on Sixth Street several times in a “large SUV,” before stopping and opening fire with a pistol out of the vehicle window at people on the patio and gathered outside the bar, Austin Police Chief Lisa Davis said in a press briefing on Sunday.

The suspect parked the vehicle, stepped out with an assault rifle, and started firing at people on the street, according to Davis. Officers responding to the incident shot and killed the gunman.

The shooting took place along Sixth Street, a popular nightlife and entertainment district located a few miles from the University of Texas at Austin. Three people, including the suspect, were killed, and 14 were injured in the attack. All of those injured were transported to local hospitals, with three in critical condition, Austin EMS Chief Robert Luckritz said at the Sunday briefing. The names of the victims were released as of Sunday night.

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Jim Davis, president of UT Austin, confirmed in a statement that members of the university community were among those affected by the shooting, although they have not been publicly identified. “Our prayers are with the victims and all those impacted, including members of our Longhorn family, and my heart goes out to their families, friends, classmates, professors, and loved ones,” Davis said. “As Longhorns, we feel this pain together.”

What do we know about the suspect?

The Austin Police Department identified the suspect as Ndiaga Diagne, a 53-year-old man. Diagne, who was born in Senegal, officials told the Associated Press, first came to the U.S. in 2000 on a B-2 tourist visa, according to a Department of Homeland Security statement to the AP. He married a U.S. citizen in 2006 and became a lawful permanent resident, before becoming a naturalized U.S. citizen in 2013.

A law enforcement official briefed on the case told CNN that Diagne was wearing a shirt with an Iranian flag design and a hoodie emblazoned with “Property of Allah.” The AP also reported the words and symbols on his clothes, also citing a law enforcement official. 

The Austin American-Statesman reported that investigators searched a house in Pflugerville, north of Austin, linked to Diagne’s possible relative. Local television station KXAN reported that Diagne had been issued a driver’s license with an address in Pflugerville in 2017.

Neighbors speaking to the New York Times said Diagne had maintained a low profile. “They kept very much to themselves,” Chris Finch, who lived next to the searched home, said. “They didn’t really say hi or anything.”

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Another neighbor and the president of the neighborhood’s homeowners association, Eddie Garcia, said he was never aware of any previous issues. “We’re all neighbors and respect each other but we are also private and keep to ourselves,” he told the Statesman.

How are authorities reacting?

Mayor Kirk Watson called the shooting “an extremely difficult, traumatic moment” for the city. 

Senator Ted Cruz (R, Texas) said the shooting was a “senseless act of violence” and that he and his team are coordinating with local, state, and federal authorities over the incident.

Other Texas politicians have been united in condemning the shooting and extending condolences to victims and their loved ones, but they have been divided along partisan lines as to what’s to blame for the attack.

In a statement posted on X, eight Democrats in the Texas state legislature, including U.S. Senate candidate James Talarico, said, “Gun violence continues to steal the lives of far too many Texans. Our hearts are with the victims of today’s shooting and their families. We will never stop fighting for them.”

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Rep. Greg Casar (D, Texas) posted, “We must end America’s gun violence epidemic. Americans should be able to have fun at a bar without it turning into an unspeakable nightmare like this one— and I will redouble my efforts in Congress to prevent the next tragedy like this.”

“Gun violence is preventable. This devastating loss of life was preventable,” Rep. Lloyd Doggett (D, Texas) posted on X. “Until Republicans find the courage to say no to the NRA, our country will be plagued with more tragedies.”

Republicans, on the other hand, have blamed the attack on Islamic extremism and mass migration. Rep. Chip Roy (R, Texas) said, in response to Doggett, that “Muslim immigrant violence – naturalized or not – is preventable. Until Democrats (& Republicans) find the courage to say no to the mass migration of Islamists, our country will be plagued with more tragedies…”

In another post, Roy said the shooting in Austin was “carried out by a suspected Islamist who came on a tourist VISA, and OVERSTAYED for years,” adding that the “tragedy was preventable” and that “failed policies have real consequences.”

“Allowing unvetted immigrants who are hostile to America, who are loyal to our adversaries like Iran, must end,” Abbott, the Republican governor, said in response to a call by Talarico for stricter gun regulations. “The way to end it is to end the current open immigration policies.” (Talarico responded, “Dangerous people should not be allowed into the country. Dangerous people should not be allowed to get guns.”)

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The Texas chapter of the Muslim rights advocacy group Council on American-Islamic Relations condemned the shooting in a statement, but it also rejected using the incident to attack the larger Muslim community. 

“While a single person carried out this heinous attack last night, hundreds of thousands of Texas Muslims finished their night prayers and headed to their homes while calling on God for global peace and justice,” the statement said. “We encourage elected officials, law enforcement, faith leaders, and community members to come together to support the families of the victims and reaffirm our shared commitment to public safety.”



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PHOTO: Apparent gunman in Austin 6th Street shooting wore ‘Property of Allah’ shirt

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PHOTO: Apparent gunman in Austin 6th Street shooting wore ‘Property of Allah’ shirt


FOX News obtained this image that purportedly shows the gunman responsible for a deadly mass shooting in Austin, Texas, on March 1, 2026. (FOX News)

Investigators are probing the deadly shooting on Austin’s Sixth Street, that left three dead and 14 injured. 

Officials are gathering new evidence that could point to extremist motives, as additional details surfaced Sunday about the gunman’s background and clothing during the incident.

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What we know:

Three people, including the gunman, were killed, and 14 others were wounded early Sunday outside Buford’s beer garden in Downtown Austin. 

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Police said officers were responding to reports of gunfire around 1:40 a.m., before confronting the suspect and fatally shooting him after he opened fire.

Authorities have not publicly identified the suspect, but an FBI spokesman said on Sunday that investigators are reviewing materials recovered from the suspect and his vehicle that indicate a “potential nexus to terrorism,” but cautioned that it is too early to determine a motive or whether the attack was directed or inspired by a specific group.

Dig deeper:

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FOX News reported Sunday that it had obtained a photo of the suspect taken before the shooting. The image showed a man holding a firearm and wearing a gray sweatshirt bearing the words “Property of Allah.” 

Sources also told the network the suspect was wearing an undershirt that appeared to display an Iranian flag or Iranian imagery.

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The Source: Information in this article was provided by FOX News and press conferences held by Austin police and the FBI.

Mass ShootingsDowntownAustinTravis CountyTexasCrime and Public Safety



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