The Texas Supreme Court ruled against lawmakers who used a subpoena to halt the execution of death row inmate Robert Roberson for his daughter’s death due to shaken baby syndrome. The court stated that prioritizing a legislative subpoena over an execution could be used as a tool to delay executions, but the lawmakers can still seek to interview Roberson in a way that does not block a scheduled execution. The House committee’s subpoena was an unprecedented legal move to gather Roberson’s testimony related to a 2013 “junk science” law. While some lawmakers stated their intent was to buy more time for Roberson, the court ultimately allowed his execution to proceed. Roberson, who has bipartisan support, has maintained his innocence in his daughter’s death, claiming it was a result of a medical condition rather than shaking. The attorney general’s office accused lawmakers of misrepresenting Roberson’s case and misleading the public. Roberson’s defense team hoped that the state would allow him to testify and refrain from setting a new execution date in light of his innocence. The state Supreme Court’s ruling highlighted the separation-of-powers issue while the legal battle continues in the courts.
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