The Texas Supreme Court on Friday ruled against state lawmakers who tried to delay the execution of Robert Roberson, who was convicted for the 2002 death of his two-year-old daughter, Nikki.
The decision comes amid multiple unresolved questions surrounding the prosecution’s use of the “shaken baby syndrome” theory to convict him. If he is executed, he will be the first to meet this fate under the theory.
Roberson’s case gained attention after the Texas House Criminal Jurisprudence Committee issued a subpoena in October for the inmate to testify about his case. The move was aimed at delaying his execution, which was set for October 17.
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The court argued that “Categorically prioritizing a legislative subpoena over a scheduled execution…would become a potent legal tool that could be wielded not…
