Manuel Hernandez was convicted of murdering the year - old child of his neighbor . `` In October 2008 ... Mr. Merillat testified that after 10 years of serving life without parole for Capital Murder , an inmate could gain a less restrictive classification from the Texas Department of Justice Institutional Division , '' Saenz said in a statement . ` But the death sentence is overturned , and a new trial ordered . A judge finds ` ` ineffective assistance of counsel '' ` ` We should be ashamed of the errors that put Manuel on the brink of execution , '' ACLU says .
Manuel Hernandez was convicted of murdering the year - old child of his neighbor . But the death sentence is overturned , and a new trial ordered . A judge finds ` ` ineffective assistance of counsel '' ` ` We should be ashamed of the errors that put Manuel on the brink of execution , '' ACLU says .