I had earlier this week started writing the following:
If the CCA hasn't even ruled yet on previous legal motions by your team, having just seen it crush Mark Lassiter's habeas corpus writ for Michael Newberry vis-a-vis Janelle Haverkamp? I'm sorry, but you're screwed.
Then, Thursday, the CCA blocked Roberson's execution and sent the case back to trial court, over the question of the issue of the reality vs junk science of shaken baby syndrome, having made another such ruling last year.
There are differences. Andrew Roark's child was 1 year old at the time of death and Roberson's was 2 years old. Developmental differences will surely come into play.
Also, the split on the CCA was 5-4, and in Roark's case, he was officially exonerated. And, given Roberson's previous history with the CCA and one previous remand to trial court, he has no guarantees of luck in a new trial.
The Observer had an in-depth interview with Roberson shortly before his reprieve.
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