question is, does Texas have an unborn infant homicide law? and if the army doesn’t pursue it, can the state of Texas pursue it?
hang the jihadi high!!!
I suppose they could, but it is not in the State Court now. It is under the UCMJ, and by the time they are done, any other charges would likely (hopefully) be redundant. Under the UCMJ, he can be given the death sentence -- understanding that the death penalty has not been enforced under military law in nearly 50 years. There will likely be many challenges in Federal court to an UCMJ sentence that the State of Texas has already addressed and disposed of with their well oiled machine.
People seem to forget that Timothy McVeigh was not convicted in State court for the murder of over a 100 people. He was convicted in Federal court for the murder of a handful ( five IIRC) of protected federal law enforcement officials.