Court of Criminal Appeals of Texas
Ex Parte Neal Hampton Robbins, Appellant v. the State of Texas, Appellee
June 29, 2011360 S.W.3d 446
Summary
The Court of Criminal Appeals of Texas denied the applicant’s habeas corpus relief, affirming the conviction and rejecting both the actual‑innocence claim and the false‑testimony due‑process claim. The majority held that the applicant failed to meet the stringent Elizondo standard for actual innocence and that the expert testimony was not proven false. Two dissenting opinions argued that the recanted medical‑examiner testimony constitutes false evidence that warrants a new trial.