Texas Supreme Court rules against lawmakers, allowing for Robert Roberson execution to proceed

The Texas Supreme Court has denied lawmakers' bid to use their subpoena power to halt the execution of a death row inmate for his daughter’s “shaken baby” death, paving the way for it to proceed.

Robert Roberson was set to be questioned by the House Criminal Jurisprudence Committee, which issued a subpoena last month for him to testify about his case — setting off a flurry of litigation that ultimately halted his Oct. 17 execution with only hours to spare.

Robert Roberson with his daughter Nikki.Courtesy Roberson family

Roberson's defense team initially sought to have him transported from his prison north of Houston to Texas' capital of Austin to be interviewed by the committee, but lawmakers instead agreed to meet with him at his facility. The subpoena, however, has been caught up in a legal battle after the state attorney general's office challenged the move in an emergency filing with the state Supreme Court.