Texas Supreme Court rules execution of Robert Roberson may move forward

The Texas Supreme Court on Friday ruled that the state can move ahead with the execution of Robert Roberson, a 57-year-old man with autism accused of killing his 2-year-old daughter in 2002.

Even so, the court ruled that the Texas House of Representatives’ Criminal Jurisprudence Committee still can subpoena Roberson for testimony, as long as “a subpoena issues in a way that does not inevitably block a scheduled execution.”

The court’s decision comes after a chorus of legal justice advocates joined a bipartisan group of Texas lawmakers in calling for Roberson’s life to be spared.

Roberson was set to be executed in October. However, the House committee issued a subpoena for him to testify mere days before his scheduled execution, creating a constitutional crisis.

The all-Republican Texas Supreme Court issued a stay of execution to allow Roberson to testify. That angered Texas Gov. Greg Abbott, also a Republican, who argued that only the governor is authorized to issue such a decree.

“Categorically prioritizing a legislative subpoena over a scheduled execution … would become a potent legal tool that could be wielded not just to obtain necessary testimony but to forestall an execution,” the Texas Supreme Court said in its Friday ruling.

Even though the House committee’s subpoena for Roberson’s testimony was issued in October, he’s yet to appear before the group.

The committee sought Roberson’s testimony because a 2013 Texas state law allows inmates to challenge their convictions if there’s a concern they were convicted using “junk science.”

During Roberson’s initial trial, prosecutors alleged his daughter Nikki was the victim of “shaken baby syndrome,” a medical prognosis that’s since been debunked by the medical community and is no longer allowed to be used in criminal cases.

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This article appears in Nov 13-26, 2024.