THE GEORGIA CASE: Published by MSN: Jamie Landers: Link Below: (Dallas Morning News); EXCERPT: "Roberson's attorneys argued Smith and Roberson's cases share striking similarities: Both were convicted in 2003 in cases rooted in shaken baby syndrome. Both involved male caregivers who brought injured children to hospitals seeking medical care. And both men refused to accept plea deals in exchange for lesser sentences, stating they would not admit to crimes they didn't commit. Smith, who was convicted of killing his 2-month-old son Chandler, was sentenced to life in prison. Roberson, convicted for the murder of his 2-year-old daughter, Nikki, was sentenced to death."...................."The Georgia court noted modern medical standards now require physicians to consider alternative explanations for a child's injuries. In Smith's case, attorneys have said evidence shows his son's death was due to medical complications stemming from his premature birth. Roberson's attorneys, meanwhile, have argued Nikki, who was chronically ill, died of natural and accidental causes, including severe, undiagnosed pneumonia and a fall from bed. "Mr. Smith's evidence presents an alternative medical explanation for Chandler's death that is so material it would probably produce a different outcome," reads the order granting Smith a new trial. Roberson's legal team said that conclusion mirrors the standard Texas courts must apply when considering claims under the state's "junk science" law, which allows people to contest their convictions based on new scientific evidence."
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PASSAGE OF THE DAY: "According to Roberson’s attorney, Gretchen Sween, in both cases, a child was diagnosed with “Shaken Baby” after a male caregiver brought the child to a hospital seeking medical help and no other possible explanation was considered."
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PASSAGE TWO OF THE DAY: "Roberson was scheduled to be executed on Oct. 16, 2025; however on Oct. 9, 2025. the Court of Criminal Appeals granted his request for a stay of execution under Texas’ 2013 junk science law. This law provides for a second look when the science driving a conviction has since been debunked."
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STORY: "New Georgia trial may provide same for Robert Roberson," by Editor Pennylynn Webb, published by The Palestine Herald, on August 11, 2026.
PHOTO CAPTION: "Robert Roberson was convicted of capital murder and sentenced to death in 2003 in Anderson County for killing his two-year-old daughter."
GIST: "The granting of a new trial in a Georgia “Shaken Baby” innocence case may provide the same for Robert Roberson."
Late Monday, Roberson’s attorney filed a “notice of new persuasive authority” that informs the Texas courts about a recent order entered in a Georgia case, granting a new trial based on changes in scientific understanding of the Shaken Baby Syndrome hypothesis since 2003. This is the same year Robert Roberson was tried.
Roberson was convicted of capital murder in 2003 for the death of the 2-year-old, who was diagnosed with shaken baby syndrome.
Roberson has maintained his innocence during his 22 years on death row, arguing that new scientific evidence discredits prosecutors’ shaken baby theory and shows she died of natural and accidental causes.
According to Roberson’s attorney, Gretchen Sween, in both cases, a child was diagnosed with “Shaken Baby” after a male caregiver brought the child to a hospital seeking medical help and no other possible explanation was considered.
The order, issued on July 21, followed a remand from the Supreme Court of Georgia, which ruled unanimously that a previous denial of a new trial needed to be reconsidered.
The notice filed in Roberson’s case identifies numerous significant similarities between the two cases.
Sween noted that under Georgia law, the trial court had the authority to grant a new trial. Under Texas law, only the Court of Criminal Appeals has that authority but will do so only after obtaining a recommendation from the trial court as to whether a new trial is warranted.
Roberson was scheduled to be executed on Oct. 16, 2025; however on Oct. 9, 2025. the Court of Criminal Appeals granted his request for a stay of execution under Texas’ 2013 junk science law. This law provides for a second look when the science driving a conviction has since been debunked.
The Court of Criminal Appeals sent the case back to Roberson’s trial court for review.
In December 2025, the state and Roberson’s legal defense agreed to a potential evidentiary hearing regarding Roberson’s stay of execution with Smith County Judge Reeve Jackson by Zoom.
Following a couple of status hearings, the state and Roberson’s defense filed briefs addressing the impact of the 2025 Dallas County case of Andrew Roark, a man who was freed after spending 24 years in prison for a shaken baby conviction.
The briefs were due May 29; however, both parties were given extensions until June 12 to submit their briefs. The state requested another extension on June 18.
Sween said Jackson is now in the process of reviewing the filings, evidence and arguments from both sides in order to decide if he will grant an in-person hearing or call for a new status conference.
In the end, Jackson will make a recommendation to the Texas Court of Criminal Appeals regarding Roberson’s case."
GIST: "The granting of a new trial in a Georgia “Shaken Baby” innocence case may provide the same for Robert Roberson."
Late Monday, Roberson’s attorney filed a “notice of new persuasive authority” that informs the Texas courts about a recent order entered in a Georgia case, granting a new trial based on changes in scientific understanding of the Shaken Baby Syndrome hypothesis since 2003. This is the same year Robert Roberson was tried.
Roberson was convicted of capital murder in 2003 for the death of the 2-year-old, who was diagnosed with shaken baby syndrome.
Roberson has maintained his innocence during his 22 years on death row, arguing that new scientific evidence discredits prosecutors’ shaken baby theory and shows she died of natural and accidental causes.
According to Roberson’s attorney, Gretchen Sween, in both cases, a child was diagnosed with “Shaken Baby” after a male caregiver brought the child to a hospital seeking medical help and no other possible explanation was considered.
The order, issued on July 21, followed a remand from the Supreme Court of Georgia, which ruled unanimously that a previous denial of a new trial needed to be reconsidered.
The notice filed in Roberson’s case identifies numerous significant similarities between the two cases.
Sween noted that under Georgia law, the trial court had the authority to grant a new trial. Under Texas law, only the Court of Criminal Appeals has that authority but will do so only after obtaining a recommendation from the trial court as to whether a new trial is warranted.
Roberson was scheduled to be executed on Oct. 16, 2025; however on Oct. 9, 2025. the Court of Criminal Appeals granted his request for a stay of execution under Texas’ 2013 junk science law. This law provides for a second look when the science driving a conviction has since been debunked.
The Court of Criminal Appeals sent the case back to Roberson’s trial court for review.
In December 2025, the state and Roberson’s legal defense agreed to a potential evidentiary hearing regarding Roberson’s stay of execution with Smith County Judge Reeve Jackson by Zoom.
Following a couple of status hearings, the state and Roberson’s defense filed briefs addressing the impact of the 2025 Dallas County case of Andrew Roark, a man who was freed after spending 24 years in prison for a shaken baby conviction.
The briefs were due May 29; however, both parties were given extensions until June 12 to submit their briefs. The state requested another extension on June 18.
Sween said Jackson is now in the process of reviewing the filings, evidence and arguments from both sides in order to decide if he will grant an in-person hearing or call for a new status conference.
In the end, Jackson will make a recommendation to the Texas Court of Criminal Appeals regarding Roberson’s case."
The entire story can be read at:
https://www.palestineherald.com/news/new-georgia-trial-may-provide-same-for-robert-roberson/article_7b12778f-3f0e-4526-8d9a-c07441a4a324.html
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog. FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."Lawyer Radha Natarajan: Executive Director: New England Innocence Project; FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true;
https://www.palestineherald.com/news/new-georgia-trial-may-provide-same-for-robert-roberson/article_7b12778f-3f0e-4526-8d9a-c07441a4a324.html
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog. FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."Lawyer Radha Natarajan: Executive Director: New England Innocence Project; FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true;