Death Penalty and Capital Litigation Update

On September 16, 2009, the Court of Criminal Appeals denied without comment the state habeas corpus application for Robert L. Roberson, III. Robert is an inmate on Texas death row for murder of a child. He is represented by Tyler criminal defense attorney James W. Volberding.

Mr. Volberding has filed an appointment in federal court to present the federal challenges to Robert's conviction, including the prosecutor's abuse of the jury selection process by falsely claiming that Robert had molested the child.

"While Robert is responsible for his conduct, the trial should have addressed only what he did, not what the prosecutor knew he did not," said Mr. Volberding.

Mr. Volberding challenges that the prosecutor possessed no evidence justifying the allegation, knew the claim was false and used the allegation to maximize the jurors' emotional responses when questioned about their willingness to apply the death penalty in a case involving the molestation of a child.