The Texas Supreme Court has blocked Robert Roberson’s execution for now

An unusual legal move has bought more time for a Texas man who was scheduled to be executed Thursday night.

A bipartisan group of Texas lawmakers who claimed Robert Roberson was actually innocent and should not be executed issued a subpoena for the death row inmate.

Roberson was convicted of murdering his 2-year-old daughter in 2002. Prosecutors said she died of shaken baby syndrome, but new evidence showed she died of pneumonia, not abuse. This new evidence was not considered in any of his rejected appeals.

“For over 20 years, Robert Roberson has spent 23.5 hours every day in solitary confinement in a cell no bigger than most Texans’ closets, longing to be heard. And while some courthouses may have failed him, the Texas House has not,” Texas Reps. Jeff Leach (R-Plano) and Joe Moody (D-El Paso) said in a joint statement.

Lawmakers said they subpoenaed Roberson to hear his testimony on the death penalty in Texas. Roberson was scheduled to testify on Monday, October 21, several days after the scheduled execution on Thursday at 6 p.m.

Just 90 minutes before the death sentence was to be carried out, a Travis County judge presided over a court hearing to decide which had more weight and should be respected – a Texas legislative subpoena or a death warrant for execution.

Judge Jessica Mangrum issued a temporary restraining order to prevent the execution. That began a night of legal limbo for Roberson.

The state that wanted to carry out the execution got Judge Mangrum’s injunction overturned by the Texas Court of Criminal Appeals.

The lawmakers then appealed to the Texas Supreme Court, arguing that their attempt to subpoena Roberson was a civil matter. The state’s highest court agreed.

“Whether the legislature may use its authority to compel the presence of witnesses to block the executive branch’s authority to carry out a death sentence is a question of Texas civil law, not its criminal law,” wrote Judge Evan Young.

“Must the executive give way when the legislature invokes its authority—that is, would carrying out an execution under these circumstances constitute an intrusion by the executive on the broad authority of the legislature?” Young continued. “Or conversely, would allowing various committees of the Legislature to subpoena an inmate facing a death sentence and risk manipulating the judicial process and executive function constitute an interference by the Legislature with the proper functioning of the law?”

The Supreme Court left it to the Travis County District Court to resolve the separation of powers issue.

It is unclear when a new execution date will be set, as Roberson’s death sentence expires at midnight Friday.

In the meantime, Roberson — who has been on death row for 22 years — will live another day.

“We are deeply grateful to the Texas Supreme Court for respecting the role of the Texas legislature in such important matters,” Leach and Moody said. “We look forward to welcoming Robert to the Texas Capitol and finally giving him – and the truth – a chance to be heard, along with 31 million Texans.”

This is a developing story that will be updated.