Court won't consider giving man new trial

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Associated Press

Posted on May 14, 2012 at 5:31 PM

WASHINGTON (AP) — The Supreme Court won't consider giving a man convicted in the death of a Texas toddler a new trial because the medical examiner changed her opinion on the cause of death.

The high court on Monday refused to hear an appeal from Neil Hampton Robbins, convicted in the death of 17-month-old Tristen Skye Rivet, who died on May 12, 1998.

At the trial, Dr. Patricia Moore testified that Tristen's death was a homicide caused by asphyxia. But Moore later changed her opinion and said the cause of death was undetermined. Robbins asked for a new trial but the Texas Court of Criminal Appeals refused.

The high court, without comment, decided not to hear Robbins' appeal.

Robbins is serving a life sentence and is eligible for parole in 2038.

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