Judicial Bias

On November 6, 2024, the Court of Criminal Appeals (Texas's highest criminal court), granted a writ of habeas corpus and a new trial to a defendant sentenced to death in 2003. The reason: judicial bias.

Randy Halprin, member of the Texas Seven

Randy Halprin is Jewish. Based on the evidence presented at the writ of habeas corpus hearing, Judge Cunningham, who presided over the trial more than twenty years ago, "was actually biased against Halprin at the time of trial" because of Halprin's Jewish faith.

Halprin's conviction was already high profile. Per various accounts, Halprin and six others, known as the Texas Seven, escaped from a Texas prison in 2000. As part of the escape, the inmates carefully timed their attacks, overpowered and subdued multiple guards, then stole the guards' clothes and identification. When they reached the back gate of the prison, the seven subdued the additional guards and stole weapons and a vehicle.

Once on the lam, the seven went on a crime spree that made national headlines, robbing multiple stores and murdering police officer Aubrey Hawkins, before fleeing to Colorado. Following an America's Most Wanted episode and a tip from someone who had seen the show, six of the seven were tracked down and arrested after more than a month-long manhunt. The seventh committed suicide while surrounded by police. Link

Judge Cunningham has also had some media attention of his own, extending beyond the notoriety of presiding over death penalty convictions for five of the members of the Texas seven. Cunningham left the bench in 2005, and launched an unsuccessful campaign for District Attorney of Dallas County. Judge Cunningham served briefly as Dallas County District Attorney Pro Tem in 2015-2016. Link

In 2018, during a close-but-unsuccessful run for Dallas County Commissioner, Judge Cunningham drew national attention after he admitted that he set up a living trust with a provision awarding a distribution to his children for marrying "a person of the opposite sex that's Caucasian [and] Christian" Link, Link

Interestingly, as Judge Keller's dissenting opinion discusses, Halprin presented evidence of Judge Cunningham's behavior outside the courtroom, but none of the alleged evidence of bigotry related to Judge Cunningham's actions taken in Halprin's case or in any other. We should probably expect other defendants convicted in Judge Cunningham's court to bring claims of their own, especially those who aren't straight, Christian, and Caucasian.

Giving credit where credit is due, the State made a good decision here, especially in a death penalty case where at least four alleged codefendants have already been executed. After hearing all the evidence, the State agreed that Halprin deserved a new trial in front of an outwardly impartial judge. I have little doubt Halprin will face prosecution anew, and will likely find himself once again convicted of capital murder.

And credit to Attorney Paul Mansur, who represented Halprin and brought what the Court determined to be a violation of due process to light for someone many would consider a lost cause.

The Court's full opinion, penned by Judge Hervey, is available here.

Judge Richardson's concurring opinion is available here.

Judge Yeary's concurring opinion is available here.

And Judge Keller's dissenting opinion is available here.