Robert Roberson's execution can't be stopped by Texas House subpoena, state Supreme Court rules

A Texas House of Representatives committee did not have the authority to override death row inmate Robert Roberson's scheduled execution with a subpoena, the Texas Supreme Court ruled Friday.

Roberson was scheduled for execution last month over the death of his 2-year-old daughter Nikki in 2002. Prosecutors argued Roberson violently shook Nikki, but the scientific validity of shaken baby syndrome has been called into question since then.

The House Committee on Criminal Jurisprudence issued its subpoena one day before, requiring Roberson to testify about the use of the state's "junk science" law in his capital murder case. It allows people to appeal their convictions if they believe they would not have been convicted if certain scientific information was available at trial.

Upon the request of the committee in a lawsuit filed Oct. 17, the day Roberson was scheduled to die, a Travis County district judge issued a temporary restraining order preventing the execution. The Texas Department of Criminal Justice successfully appealed to the Court of Criminal Appeals — the state's court of last resort for criminal cases — which cleared the way for Roberson's execution.

But the Texas House committee took their request to the state's highest civil court to pause Roberson's execution and testify before lawmakers. The Texas Supreme Court temporarily paused the execution and allowed him to testify.

However, in Friday's order, the court ruled that while the Texas House committee rightfully raised a question of civil law, it overstepped and infringed on the other branches of government by attempting to delay the execution.

"We do not repudiate legislative investigatory power, but any testimony relevant to a legislative task here could have been obtained long before the death warrant was issued—or even afterwards, but before the execution," the opinion from Justice Evan Young reads.

Roberson's attorney Gretchen Sween said in a statement the high court's ruling recognized the validity of the committee's subpoena and an expectation that the subpoena be fulfilled.

"The ancillary benefit to Mr. Roberson of staying his execution hopefully gives time for those with power to address a grave wrong to see what is apparent to anyone who gives the medical evidence fair consideration: his daughter Nikki’s death was a tragedy not a crime; Robert is innocent," the statement reads.

Sween also asked the state not to set a new execution date for Roberson. It’s unclear whether one has been set yet, but the execution must be set at least 91 days in advance, according to Texas law.

The legal battle over Roberson’s execution was a rare show of bipartisan teamwork by House lawmakers. In a statement posted to social media, House Criminal Jurisprudence Committee Chair Joe Moody, D-El Paso, and House Judiciary and Civil Jurisprudence Chair Jeff Leach, R-Plano, said the court's decision nonetheless confirmed their position.

Roberson ultimately did not testify before the House committee on Oct. 21 as planned after Texas Attorney General Ken Paxton barred Roberson from appearing in person. Roberson’s attorneys and the House committee argued Roberson couldn't testify virtually because his autism, among other things, would hinder his ability to make his case.

The committee did hear testimony in defense of Roberson from other notable figures, including Phillip “Dr. Phil” McGraw, author and former Mississippi lawmaker John Grisham and one of the original jurors in Roberson’s trial, who said she now believes Roberson was wrongfully convicted.

Gov. Greg Abbott weighed in on Roberson’s case days after the last-minute pause on the execution, also arguing that state lawmakers overstepped his executive branch authority.

Leach was also accused of violating the state’s code of conduct for lawyers by asking a judge on the Court of Criminal Appeals via text to reconsider her vote that cleared the way for Roberson’s execution. He later apologized.

Got a tip? Email Toluwani Osibamowo at tosibamowo@kera.org. You can follow Toluwani on X @tosibamowo.

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