EX PARTE MELISSA ELIZABETH LUCIO v. << (2026)

Court of Criminal Appeals of Texas.

EX PARTE MELISSA ELIZABETH LUCIO, Applicant

NO. WR-72,702-05

Decided: September 24, 2026

Parker, J., filed a concurring opinion in which Richardson, J., joined.

CONCURRING OPINION

The child victim was beaten to death. Bruising and other injuries could be seen across the child's entire body—on the head, neck, back, buttocks, chest, arms, hands, legs, and feet. These injuries also included bite marks and missing hair from the scalp. The emergency-room doctor said that, in his 30 years of practice, the child's injuries—covering over 90% of the child's body—were “the absolute worst that I've ever seen.”

Applicant maintained that the head injuries that led to the child's death were accidental—due to a fall from a stairway—but this story evolved over time. Regardless of which version of her story one examines, however, none can explain the widespread nature of the injuries, nor can they explain certain specific types of injuries the child suffered—being bitten and having her hair pulled out. Paramedics found Applicant's demeanor to be unusually calm for a parent whose child was dead or on the verge of death, and Applicant told her younger sister over the phone, “Don't blame Robert. This was me. I did it.” And in an interview with the police, Applicant admitted to causing a majority of the child's various injuries, including pinching the groin, hard spanks to the body, and bite marks on the back.

Judge Richardson's comprehensive concurring opinion delves into the detail on why Applicant's claims lack merit, and I highly recommend reading it. But because a picture can be worth a thousand words, I also attach some photos depicting the child's injuries (see Appendix). With these comments, I join the Court in denying relief.

Appendix

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