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Robert Roberson Nears Execution as Lawyers Ask Fifth Circuit to Approve New Appeal

With disputed shaken‑baby testimony at the core of his conviction, the defense is pursuing a last‑resort path aimed at a new trial rather than clemency.

Overview

  • Roberson is scheduled to be executed in Texas on Oct. 16 for the 2002 death of his 2‑year‑old daughter, a conviction he has long contested.
  • On Wednesday, his legal team asked the U.S. Fifth Circuit Court of Appeals for authorization to file a successive federal habeas petition seen as their final avenue.
  • Supporters rallied at the Texas Capitol on Saturday to press for a new trial, with attorney Gretchen Sween reiterating they will not seek clemency.
  • NBC’s Dateline releases “The Last Appeal” on Monday, featuring new reporting and an interview with the lead detective who now questions the conviction.
  • If carried out, the execution would be the first in the United States connected to a shaken‑baby prosecution.