Labastida v. State

Kriseya Labastida stands convicted of murder and is serving a life sentence in prison for murdering her infant son when it is *1516clear from this record that she did not murder her son. The child was murdered by his father, who claims, without contradiction, that he killed the child and that he did so without the mother’s having any knowledge of the murder. This is the most tragic miscarriage of justice that I have had the misfortune to witness in my close-to-sixteen years on this court.

The undisputed facts of this case are plain: The convicted Kriseya Labastida was trapped in an abusive…