AUSTIN (KXAN) — The Texas Supreme Court issued an order temporarily delaying the execution of death row inmate Robert Roberson. The order puts a pause on the execution which could have gone forward before midnight.
The order came after a flurry of last-minute appeals in the case. Earlier Thursday, State District Judge Jessica Mangrum issued a temporary restraining order halting the execution, which had been scheduled for 6:00 PM. The order was in response to a summons for Roberson to testify before the Texas House of Representatives committee on criminal jurisprudence on Oct. 21.
Shortly before 8:00 PM, the state’s Court of Criminal Appeals overruled that order, opening the door for the execution to proceed. The court was divided, with four of the nine justices dissenting.
After that order, State Rep. Jeff Leach (R-Plano), who was among the bipartisan group of lawmakers pushing to delay Roberson’s execution, posted on the social media platform X about the ongoing efforts.
“Praying as if everything depends on God, which it does. But working as if everything depends on us,” Leach wrote.
The ruling by the Texas Court of Criminal Appeals was immediately appealed to the Texas Supreme Court. Shortly after 9:30 PM, the state’s High Court delayed Roberson’s execution.
Roberson, 57, had been convicted after a jury found him guilty for killing his two-year-old daughter in 2002. Advocates for Roberson say that doctors misdiagnosed the child’s injuries by using faulty and outdated science.
The appeal did not address Roberson’s guilt or innocence. It focused on questions of the authority of the legislature and the balance of powers. Justice Evan Young wrote the court’s opinion.
“Accordingly, while I express no views as to the outcome of the proceedings that will answer these significant questions, the district court did not abuse its discretion in granting a TRO to prevent the case from becoming moot,” Young wrote. “If the other two branches cannot reach an accommodation on their own—and perhaps they still can—the district court may continue the litigation. In my view, the district court should proceed to the underlying merits with maximum expedition, subject to this Court’s review.”
“Moreover, while this case is clearly civil in nature, determining where the line beyond which we should not go, given the Court of Criminal Appeals’ distinct authority, is itself a civil question of great constitutional importance,” Young wrote.
A TDCJ spokesperson relayed to reporters Roberson’s reaction to the news that his execution was temporarily stayed. “He was shocked. He thanked his supporters. He praised God. He claimed his innocence,” TDCJ Director of Communications Amanda Hernandez told reporters.
The subpoena that called for Roberson to testify to lawmakers came Wednesday evening after a day-long hearing at the State Capitol. Rep. Joe Moody, D-El Paso, posted a picture of the summons on social media Wednesday night. Moody is the chair of the committee on criminal jurisprudence.
“We have looked at the evidence in this case in depth. Based on the laws we created, we had a much different expectation of how this would go than what actually happened,” Moody said. “We will get answers.”
Thursday marked Roberson’s second execution date. In 2016, the Court of Criminal Appeals halted his execution one week before he was scheduled to go to the death chamber. The appeals court sent the case back to the trial court in Anderson County.
On Wednesday, the prosecutor in that hearing testified via Zoom before the House Criminal Jurisprudence committee. Anderson County District Attorney Allyson Mitchell said Roberson’s attorneys presented much of their new evidence at the hearing in 2022. Mitchell said the judge agreed with the prosecution and rejected Roberson’s claims.
“Based on the totality the evidence is as stated, a murder took place here. Mr. Roberson took the life of his almost three year old daughter,” Mitchell told lawmakers.
In 2023, the Court of Criminal Appeals denied the request to overturn Roberson’s conviction.
Several members of the Texas House met with Roberson in recent weeks, drawing attention to questions about his conviction. After the stay late Thursday night, some of those House lawmakers spoke to reporters.
“For 22 years, this man has been held in prison on Death Row. And we’re hoping that finally with this ruling today with the state supreme court’s decision, that the Texas House will be able to bring to light the truths in this case,” State Rep. John Bucy (D-Cedar Park) told reporters gathered outside the prison in Huntsville.
“I am proud to be a member of the Texas House. I am so grateful for all of my House colleagues who have worked to help Robert,” State Rep. Lacey Hull (R-Houston) told reporters outside the prison in Huntsville.
After the Supreme Court order, Rep. Moody and Rep. Leach issued a joint statement. “We’re deeply grateful to the Texas Supreme Court for respecting the role of the Texas legislature in such consequential matters. We look forward to welcoming Robert to the Texas Capitol, and along with 31 million Texans, finally giving him – and the truth – a chance to be heard.”