There is horrible news out of Texas today in the wrongful conviction world. This relates to the case of Melissa Lucio. Back in 2007, Lucio was convicted of capital murder in connection with the death of her daughter, Mariah, who died two days after a fall down a flight of stairs.

Next, fast forward to 2024. In 2024, the same judge who presided over Lucio’s original trial found that the State illegally suppressed critical evidence showing that Mariah’s injuries were consistent with an accidental fall, not abuse. But it wasn’t just the judge who reached this conclusion. So did the State.

Specifically, Cameron County District Attorney Luis Saenz “acknowledged…that evidence had been withheld showing witnesses saw Mariah fall down the stairs and were aware that her condition deteriorated in the days following the fall.” Based not just on Lucio’s claims, but also the concessions by the State, the trial judge granted Lucio a new trial

But then, in a 5-4 ruling today, the Texas Court of Criminal Appeals disagreed, finding Lucio was not entitled to relief. In an unsigned, seven page ruling, a slim majority of the court ruled that “[w]e decline to adopt any of the habeas court’s findings and conclusions, which exclusively reflect Applicant’s interpretation of the evidence and are often unsupported.”

But, as noted above, the judge did not rely solely on Lucio’s interpretations of the evidence, but also the State’s concessions. This was a point highlighted by Justice Finley in his 110 page dissenting opinion. Specifically, he wrote that: