Texas court halts Roberson execution, orders review under 2013 law

The Texas Court of Criminal Appeals on Thursday halted the scheduled Oct. 16 execution of Robert Roberson and sent his case back to the trial court for review, ruling that his arguments should be considered under a 2013 Texas statute that permits relief when evidence relied on at trial has since been discredited. Roberson was convicted in 2003 of capital murder in the 2002 death of his 2‑year‑old daughter, Nikki Curtis, and had been set to become the first person in the United States executed in a case tied to a shaken baby diagnosis.

Prosecutors at trial argued that Nikki died of blunt force head trauma and shaking. Roberson has maintained his innocence for more than two decades, telling reporters from death row, "I never shook her or hit her." His lawyers say new medical and scientific analyses show Nikki likely died from severe viral and bacterial pneumonia complicated by medication and an accidental fall, not from abuse. The defense submitted a joint statement from 10 independent pathologists who contend the original autopsy finding of homicide is unreliable.

In granting the stay the appeals court cited a October 2024 ruling that overturned a shaken baby conviction in Dallas...