Texas appeals court again pauses execution of Robert Roberson in shaken baby case

HOUSTON, Texas — Texas’ top criminal court on Thursday again paused the execution of Robert Roberson, just days before he was set to become the first person in the U.S. put to death for a murder conviction tied to a diagnosis of shaken baby syndrome.

This was the third execution date that Roberson’s lawyers have been able to stay since 2016, including one scheduled nearly a year ago, due to an unprecedented intervention from a bipartisan group of Texas lawmakers who believe he is innocent.

The latest execution stay was granted by the Texas Court of Criminal Appeals. Roberson had been scheduled to receive a lethal injection on Oct. 16.

The court granted the stay based on Texas’ 2013 junk science law, which allows a person convicted of a crime to seek relief if the evidence used against them is no longer credible. In granting the stay, the court cited its October 2024 ruling that overturned a conviction in another shaken baby case out of Dallas. Roberson’s lawyers argue that case is indistinguishable from Roberson’s.

The appeals court sent Roberson’s case back to his trial court in East Texas for review.

RELATED: New execution date set for Texas man Robert Roberson in shaken baby syndrome case

Since his first execution date more than nine years ago, Roberson’s lawyers have filed multiple petitions with state and federal appeals courts, as well as with the U.S. Supreme Court, to try and stop his execution. Over the years, they have also asked the Texas Board of Pardons and Paroles and Gov. Greg Abbott to stop his lethal injection, as part of their efforts to secure Roberson a new trial.

Prosecutors at Roberson’s 2003 trial argued that he hit his 2-year-old daughter Nikki Curtis and violently shook her, causing severe head trauma. They said she died from injuries related to shaken baby syndrome.

Roberson has long proclaimed his innocence, telling The Associated Press in an interview last week from death row in Livingston, Texas, that he never abused his daughter.

“I never shook her or hit her,” he said.

The diagnosis of shaken baby syndrome refers to a serious brain injury caused when a child’s head is hurt through shaking or some other violent impact, like being slammed against a wall or thrown on the floor.

Roberson’s lawyers and some medical experts say his daughter died not from abuse but from complications related to pneumonia. They say his conviction was based on flawed and now outdated scientific evidence.

In their latest appeal, Roberson’s lawyers included what they say are new legal and scientific developments and expert analyses that show Nikki’s death was caused by illness and accident, not by abuse.

Roberson’s lawyers also included a joint statement from 10 independent pathologists who said the medical examiner’s autopsy report, which concluded Nikki died from blunt force head injuries, was “not reliable.”

PREVIOUS REPORT: Robert Roberson shaken baby syndrome execution on hold after Texas Supreme Court decision

His attorneys have also claimed that new evidence shows judicial misconduct in Roberson’s case. They allege the judge who presided over Roberson’s trial never disclosed he was the one who authorized circumventing Roberson’s parental rights and allowing Nikki’s grandparents to remove her from life support.

The office of Texas Attorney General Ken Paxton, as well as some medical experts and other family members of Nikki, maintain the girl died because of child abuse and that Roberson had a history of hitting his daughter.

In a Sept. 26 op-ed in The Dallas Morning News, three pediatricians, including two with the Yale School of Medicine, said they reviewed the case and “are convinced that Nikki was a victim of child abuse.”

Shaken baby syndrome has come under scrutiny in recent years; some lawyers and medical experts say the diagnosis has wrongly sent people to prison. Prosecutors and medical societies say it remains valid.

Roberson’s supporters include both liberal and ultraconservative lawmakers, Texas GOP megadonor and conservative activist Doug Deason, bestselling author John Grisham, and Brian Wharton, the former police detective who helped put together the case against him.

Copyright © 2025 by The Associated Press. All Rights Reserved.

You May Also Like

Brother says fashion CEO spiraled after losing $100M before couple found dead

Brother Says Fashion CEO’s $100M Loss Preceded Deaths of Couple

The brother of Michelle Min, wife of fashion executive Bryan Walker, said…
Shooting near Baltimore youth football event leaves 12-year-old girl dead, 3 adults wounded

12-Year-Old Girl Killed, 3 Adults Wounded in Shooting Near Baltimore Youth Football Event

A 12-year-old girl was killed and three adults were injured when two…
Reservoir dogs are protecting NYC's water supply from invasive species

Reservoir Dogs Help Protect New York City’s Water Supply From Invasive Species

New York City’s drinking water has some unlikely new protectors: a team…
Somali gangs blamed for shooting at suburban Minneapolis homecoming game that left 2 wounded

Somali Gangs Blamed as 2 Wounded at Suburban Minneapolis Homecoming

A shooting outside a high school homecoming game in the Minneapolis suburb…
Terror cells inside foreign airlines 'certainly a possibility,' retired pilot warns

Retired Pilot Warns Terror Cells Could Operate Within Foreign Airlines

A former Delta Air Lines pilot who once served as a military…
Georgia singer Sky Whatley charged after allegedly slapping woman during concert

Georgia Singer Sky Whatley Charged Over Allegedly Slapping Woman

A Georgia singer is accused of striking a woman during a live…
Two killed, dozens hospitalized in mass shooting at homecoming party in Georgia

Two Killed, Dozens Hospitalized After Georgia Homecoming Shooting

A homecoming block party in a Georgia town ended in deadly violence…
Suspect in FlyDubai incident was previously identified as security risk: Officials

Flydubai Incident Suspect Was Previously Flagged as Security Risk, Officials Say

The co-pilot of a FlyDubai aircraft who allegedly attacked the captain and…
Ted Cruz fires back at 'insecure' JD Vance as the two trade barbs over 2028

Sen. Ted Cruz Calls Vice President JD Vance ‘Insecure’ in 2028 Feud

WASHINGTON — Texas Sen. Ted Cruz pushed back against Vice President JD…
Shooting near Baltimore youth football event leaves 12-year-old girl dead, 3 adults wounded

12-Year-Old Girl Killed, 3 Adults Wounded Near Baltimore Youth Football Event

A 12-year-old girl was killed and three adults were injured after two…
Police, firefighter unions back Dem NY Rep. Tom Suozzi

Police and Firefighter Unions Back New York Democrat Tom Suozzi

Two influential law enforcement and firefighter unions are throwing their support behind…
California K-9 Otis helps police seize 440 pounds of cocaine during Alhambra traffic stop

California Police K-9 Otis Helps Seize 440 Pounds of Cocaine in Alhambra Traffic Stop

A routine traffic stop in California led to a major cocaine seizure…