Texas has set a new execution date of October 16, 2025, for death row inmate Robert Roberson, nearly one year after his originally scheduled lethal injection on October 17, 2024, was stayed by the Texas Supreme Court at the last minute.
Roberson was convicted in 2003 of capital murder in the 2002 death of his two‑year‑old daughter, Nikki Curtis. Medical testimony at trial attributed her death to severe head trauma consistent with shaken baby syndrome, now widely criticized as unreliable “junk science.” The prosecution’s case relied heavily on shaken-baby testimony, without distinguishing it cleanly from blunt force trauma, something defense critics say unduly biased jurors.
Nikki had a history of illness. She would frequently stop breathing in her sleep. On the day Nikki became even more ill. Roberson brought her to the hospital. She wasn’t breathing and her lips were blue. Roberson told the nurses the frail toddler had tumbled from her bed and was unresponsive. Hospital staff, skeptical of the fall explanation, suspected child abuse and noted Roberson’s unusual behavior—later believed to stem from undiagnosed autism spectrum disorder, which likely affected his symptoms and courtroom demeanor.
At trial, Roberson’s court-appointed lawyer conceded that shaking had occurred and offered only a diminished-capacity defense, which Roberson personally disputed. His autism went unacknowledged and may have hampered his ability to advocate for himself. And his autism related mannerisms, which were on display in the courtroom, may have prejudiced the jury against him.
In the years since, Roberson’s legal team and independent experts have amassed substantial new evidence that Nikki’s death may have resulted from viral and bacterial pneumonia, exacerbated by prescribed medications and not abuse at all. Independent forensic pathologists now question the reliability of the original autopsy and shaken baby interpretation.
In June 2016, Roberson’s execution was stayed under Texas’ “junk science” law to allow for a new evidentiary hearing on the validity of shaken baby science. But in January 2023, the Texas Court of Criminal Appeals denied relief, finding that doubts about SBS alone were insufficient to vacate his conviction. That decision was upheld by the U.S. Supreme Court in October 2023.
Earlier this year, Roberson filed a subsequent application asking the Texas Court of Criminal Appeals to grant a new trial in light of evolving scientific consensus and newly disclosed medical records. That petition argues that a recent landmark case by the court, exonerating another man convicted under SBS hypothesis, should have changed how Roberson’s case is evaluated.
Against this backdrop, a bipartisan coalition of 86 Texas lawmakers, former detective Brian Wharton (who initially investigated the case), author John Grisham, and medical professionals have rallied for clemency—or at least a full, fair review of the evidence.
Roberson’s case is now being seen as an example of the Texas death penalty system that is immune to accepting the evidence of actual innocence of a condemned man.
His attorneys have filed an emergency motion to stay the October 16 execution, arguing that the Court of Criminal Appeals must resolve his innocence claims before the specter of death closes the door forever.
Whether the court grants a new trial will determine if Texas proceeds with executing a man whom many believe never committed a crime.
