After reversal of man's murder conviction, attorney says state delaying his release

WILLIAMSON COUNTY, TEXAS - The attorney for Rex Nisbett -- the man who was previously convicted of killing his wife in 1991 in Williamson County -- said the state is prolonging the case and delaying his release.

Nisbett was sentenced to 42 years in prison in 2014 after a jury found him guilty of the murder of Vicki Lynn Nisbett, whose body was never found. Back in December 2016, the 3rd Court of Appeals reversed Nisbett’s murder conviction, saying there wasn’t enough evidence to prove that he killed his wife.

The State Prosecuting Attorney filed a petition for discretionary review in late February, after the 30 day extension they requested ended.

In the State prosecuting attorney’s discretionary review petition, it says there are “grounds for review” based on the following reasons:

1.       In the absence of a body, must the state prove the “fatal act of violence” in order to convict someone of murder?
2.       The court of appeals reviewed both the evidence and the elements of the offense in sequential piecemeal fashion rather than cumulatively, and failed to respect the jury’s prerogative to draw inferences and weigh testimony.
3.       Is the evidence sufficient to prove appellant murdered his wife?

Nisbett’s appellate attorney, Kristen Jernigan, released a statement.

"The State Prosecuting Attorney’s decision to prolong this case is an irresponsible waste of taxpayer resources and is contrary to the notions of justice we all rely upon as United States citizens. If there is no evidence to convict you of murder, you should not be in jail. This principle applies to Rex Nisbett just as it applies to every one of us," Jernigan said.

Read the entire petition here:

State's petition for discretionary review by kvuenews on Scribd

© 2017 KVUE-TV


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