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Texas Appeals Court Halts Robert Roberson’s Execution, Orders Trial-Court Review

Judges cited evolving science around shaken-baby diagnoses in pausing the Oct. 16 date.

Overview

  • The Texas Court of Criminal Appeals stayed the execution and remanded Roberson’s claim to the trial court for further resolution.
  • The ruling is not an acquittal and allows a new judicial examination of evidence central to the 2002 conviction.
  • The court pointed to last year’s Andrew Roark case, where a similar shaken-baby conviction was overturned, as precedent for reconsideration.
  • Roberson’s lawyers argue newer medical interpretations and records suggest pneumonia and a contraindicated drug, noting his 2018 autism diagnosis affected how his demeanor was judged.
  • Texas Attorney General Ken Paxton says the state will continue to press the case and seek a new execution date if the review does not change the outcome, while supporters including bipartisan lawmakers, the Innocence Project, John Grisham, and ex-detective Brian Wharton urge relief.