Overview
- The Court, in a 6–vote majority on Thursday, revoked a suspension that had kept TFJA magistrate Avelino Carmelo Toscano in office after his 2019 term ended and said continued service requires a new presidential appointment.
- A day earlier, the justices unanimously sent Amparo Directo en Revisión 5488/2024 back to a federal appeals panel for a fresh ruling that applies a mandatory gender perspective and respects the presumption of innocence.
- The Court found the original conviction leaned on circumstantial clues padded by “bad mother” stereotypes, which undermined fair weighing of evidence and risked treating the mother’s role as proof of guilt.
- Case records note the accused is a migrant who was pregnant at the time and that the one-year-old victim had a disability and multiple injuries, yet the justices stressed they did not acquit her and ordered an unbiased re‑evaluation of the record.
- Ministers said at least 55 magistrates sought amparos to stay on past their terms, and the tenure ruling reinforces that any continuity needs a fresh appointment by the Executive with legislative involvement while the homicide case now awaits a new decision from the Mexicali panel.