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In a dramatic turnaround, the Texas Court of Criminal Appeals on Thursday ordered a halt to the execution of death row inmate Robert Roberson which was scheduled to take place in seven days.
The ruling marks a major shift in a case that has drawn national attention over disputed medical evidence and last-minute legal maneuver in 2024 that halted his execution 90 minutes before it was to be carried out.
Under the court’s decision, Roberson is not receiving the requested new trial to hear the new scientific and medical evidence related to the tragic 2002 death of his then-two-year-old daughter, Nikki Curtis.
Instead the Texas Court of Criminal Appeals remanded Roberson's case back to the Anderson County district court to consider whether his case warrants relief based on questions related to the debunked theory of shaken baby syndrome.
Roberson’s attorneys contend that Nikki did not die from shaken baby syndrome but rather from chronic health conditions, in particular severe pneumonia, and inappropriate medications that suppressed her breathing.
In a statement Roberson's attorney Gretchen Sween said she is relieved and grateful for the CCA's ruling.
"The case is being sent back to the district court for further proceedings. Deciding that issue will, of necessity, require considering the mountain of medical records, scientific studies, expert opinions, and other evidence that proves his very ill little girl died from natural and accidental causes, not shaking or other abuse," said Sween.
"Robert adored Nikki, whose death was a tragedy, a horror compounded by Robert’s wrongful conviction that devastated his whole family. We are confident that an objective review of the science and medical evidence will show there was no crime,” she said.
Republican State Rep. Brian Harrison who made the motion to subpoena Roberson last October— which had the effect of halting his execution then—celebrated the ruling.
"These brave Judges took their duty to seek justice seriously, even in the face of tremendous—and dishonest—political pressure to execute a potentially innocent person, who has never been given a fair trial, said Harrison.
"It is most incumbent on those of us who support capital punishment to ensure that potentially innocent people are never subjected to it," he said.
Roberson was convicted in 2003 of capital murder after prosecutors argued he violently shook Nikki, causing brain injury and death.
His appeals over the years were denied, including a 2024 decision by the Texas Court of Criminal Appeals that rejected habeas relief without reviewing the substantive new evidence claims.
Last year Roberson’s scheduled execution on October 17, 2024, was halted less than two hours before it was to be carried out. This came after a flurry of legal filings and subpoenas from a bipartisan group of Texas lawmakers seeking his testimony.
The Texas Supreme Court issued a last-minute stay while it considered separation-of-powers and subpoena authority issues. Ultimately, the courts ruled that legislative subpoenas could not indefinitely block executions.
In July a new execution date was requested by the Texas Attorney General’s Office for October 16, 2025. That request was granted despite Roberson’s pending appeals.
With the Texas Court of Criminal Appeals’ new ruling, Roberson’s upcoming execution is officially stayed. The Texas AG’s office may challenge the ruling, and it remains uncertain how the state will respond to the court’s decision.
Supporters of Roberson hailed the ruling. His attorneys and advocacy groups contend that the science underpinning shaken baby syndrome convictions has shifted, and that this case exemplifies the risk of executing someone based on now-discredited medical theories.
This is a developing story.
