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Challenge to Texas Death Penalty Rejected

Chris Paschenko reports in the Galveston Daily News:

A judge refused Thursday to declare the state's death penalty unconstitutional, rejecting motions by the defense team of an accused child killer who faces a capital murder trial March 7.
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[Travis James] Mullis' defense team of Robert K. Loper and Gerald Bourque filed 10 motions in March, claiming, among other things, the Texas Code of Criminal Procedure involving the death penalty was unconstitutional.

On the crime itself,

[Judge] Ellisor heard from Philadelphia police and detectives Tuesday and Wednesday and saw a videotaped interview, where Mullis described the final moments of his son's life. Mullis on videotape told detectives he stomped his [3-month-old] son's skull three or four times, because "the only way to make him stop crying was to kill him."

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