A Judge Overturned Her Conviction on Her Last Birthday, But She’s Still in Prison a Year Later

On her 37th birthday, a judge overturned Rosa Jimenez's conviction. Todayu's her 38th birthday and sheu's still in prison.

10.28.20 By Daniele Selby

Rosa Jimenez at the Mountain View Prison Unit. (Image: Brandon Thibodeaux/The New York Times via Redux Pictures)

Rosa Jimenez at the Mountain View Prison Unit. (Image: Brandon Thibodeaux/The New York Times via Redux Pictures)

Rosa Jimenez has spent her last 17 birthdays wishing for the same thing: to go home. Last year, when United States District Judge Lee Yeakel overturned her murder conviction on her 37th birthday, it seemed like that wish might finally come true.

Judge Yeakel ordered that she be given a new trial or released within four months, based on the fact that she had been denied her constitutional right to adequate representation because the lawyer who represented her at trial failed to present qualified medical experts at her original trial in 2005.

But, today, Ms. Jimenez is spending yet another birthday behind bars as the Texas Attorney General’s office pursues an appeal of the judge’s decision.

For nearly 18 years now, Ms. Jimenez has been caught in the same cycle of hope and devastation.