Pre-trial appeal of Jacob Ryan Evans declined

The Texas Court of Criminal Appeals Wednesday declined to hear a pre-trial appeal by teen capital murder suspect Jacob Ryan Evans, accused in the October 2012 shooting deaths of his mother and sister in Annetta South.

The court refused Evans’ petition for discretionary review following a decision last year by Texas Second Court of Appeals that would allow Evans, who was 17 at the time of the killings, to face the charge of capital murder.

The Weatherford Democrat says Evans’ attorneys have argued that Evans should not face the capital murder charge because Texas did not have a law on the books at the time of the shooting with any punishment allowed as constitutional by the U.S. Supreme Court for those who were under 18 years old at the time of the crime.

Since then, the Texas legislature has adopted a law specifically addressing 17-year-old capital murder defendants and allowing life with the possibility of parole after 40 years.

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