The Texas Supreme Court has cleared the way for the execution of Robert Roberson, who was sentenced to death in 2003 for the alleged murder of his two-year-old daughter, Nikki Curtis. 

The ruling overturned a temporary delay issued by a state House committee, which had sought Mr Roberson’s testimony as part of its investigation into his conviction, and lifted a stay on his execution despite ongoing debates about the scientific validity of the shaken baby syndrome diagnosis used to convict him.

Mr Roberson has long maintained his innocence.

His attorneys and advocates have questioned the validity of the shaken baby syndrome (SBS) diagnosis central to his conviction, arguing that medical understanding of such cases has evolved significantly since his trial. 

Critics of the SBS diagnosis contend that symptoms associated with the syndrome, brain swelling, bleeding, and retinal haemorrhages could result from other causes, such as accidents or pre-existing conditions.  

The tragic events began in January 2002, when Mr Roberson took Nikki to a hospital in Palestine, Texas, claiming she had fallen from her bed. 

Doctors, however, concluded her injuries were consistent with SBS, and he was accused of violently shaking her, causing fatal brain injuries.  

In October 2024, Mr Roberson was scheduled for execution, but bipartisan lawmakers in the Texas House temporarily halted it by issuing a legislative subpoena for his testimony.

This effort, led by Representatives Joe Moody (Democrat) and Jeff Leach (Republican), aimed to examine concerns about the fairness of Mr Roberson’s trial and the scientific basis for his conviction.  

According to the New York Times, the subpoena led to a dispute between lawmakers and prison officials over whether Mr Roberson would testify in person or via video link. 

The impasse prompted the Texas Supreme Court to intervene, delaying the execution temporarily.  

In its latest ruling, the court allowed the execution to proceed, emphasising that the state’s executive branch must cooperate with lawmakers seeking Mr Roberson’s testimony. 

Messrs  Moody and Leach reaffirmed their commitment to this effort, stating, “We look forward to working with the executive branch to fulfil this important responsibility.”