— A Jewish death row inmate who was part of a gang of prisoners who fatally shot a police officer in 2000 after they had escaped should have his conviction overturned and get a new trial because the judge who presided over his case"harbored antisemitic bias," according to a court ruling.
"Cunningham not only harbored antisemitic bias at the time of trial, but ... he did not or could not curb the influence of that bias in his judicial decision-making," state District Judge Lela Mays wrote in a ruling issued late Monday night from Dallas. "As a judge with the power to influence the trials, Judge Cunningham's use of these terms to refer to the co-defendants was racist because it combined the attribution of group characteristics with the exercise of power over them."
Halprin's case will be forwarded to the Texas Court of Criminal Appeals, which will make the final decision on whether his conviction is overturned and if he gets a new trial. The appeals court had "The Constitution allows only one remedy in cases of judicial bias, and that is to vacate the biased court's judgment and start over with the chance at a fair trial before an unbiased judge.
Halprin was originally convicted for child abuse after '[breaking] a 16-month-old's arms and legs, fracturing his skull and beating his face until one eye filled with blood.'
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