Michigan Criminal Lawyers Blog

15 years ago, Neal Robbins was convicted of killing his girlfriend’s toddler, a 17-month-old girl who was believed to be asphyxiated while his mother was out running errands. Robbins, a Willis, TX man, has been in prison for 15 years and was sentenced to life in prison. Now, his conviction has been overturned by an appeals court based on new Texas legislature passed last year, according to the Chronicle.

The article states that the legislature passed makes it possible for courts to reconsider cases that were decided on questionable scientific evidence. Originally, the medical examiner determined that the death of Tristen Rivet was homicide, however she admitted years later that the manner of death in the toddler’s case should have been “undetermined.” Robbins appealed his conviction in 2011 after the medical examiner reassessed the evidence, however his appeal was narrowly denied. Now, because of the new legislature passed last year, Robbins has successfully appealed his conviction based on he reevaluation of Rivet’s autopsy. Robbins, who is now 39 years old, remains in a Beaumont prison while prosecutors determine how to move forward.

Tristen’s mother, Barbara Hope, allegedly found the toddler in her crib after she had come in from running errands. She said that Tristen was cold, had blue lips, and was not breathing. She took the toddler outside and with the help of a friend and neighbor attempted to perform CPR. Tristen was pronounced dead about an hour later at a local hospital. It was then that the medical examiner determined the toddler had been asphyxiated. Prosecutors alleged that Robbins pressed down on the toddler’s chest to kill her intentionally.

In April of this year, 50-year-old Clifford McNeal was convicted of third-degree theft in connection with a string of burglaries in 2011 involving the theft of large construction tools and equipment from three construction companies, one owned by Ken and Lisa Steck, Christner Construction, and Batten and Shaw, Inc.

McNeal appealed his conviction claiming that the search warrant that resulted in his conviction was not supported by probable cause. Two other men, John Wey and Michael Jones, were co-conspirators in the case. According to a news article at the Ottumwa Evening Post, Wey and Jones frequently broke into buildings to steal equipment and tools to sell. After being reported by David E. Downen of Downen Construction as one of the burglars, Jones told investigators in an interview that he and Wey frequently broke into buildings and stole tools and equipment to sell in order to support their drug addictions. Wey allegedly sold most of the stolen property to Cliff McNeal, who allegedly knew that the property was stolen.

McNeal allegedly stored the stolen construction tools and equipment in an enclosed trailer according to Jones, who said that McNeal had recently moved the trailer outside of town to a rural location. Police obtained a search warrant, however Jones admitted he did not know where the trailer actually was. Police did locate the trailer, however McNeal’s attorney challenged the search warrant, claiming it did not meet state law and U.S. Constitutional requirements regarding protection against unreasonable searches and seizures. McNeal was found guilty after the district court rejected the argument, however the appeals court reached a different conclusion.