Robert Roberson execution delayed

In the final hours remaining before Robert Roberson was scheduled to be put to death, a group of Texas House members used a unique legal maneuver to temporarily delay the execution.

Roberson was convicted of capital murder and sentenced to death in 2003 in connection with the death of his two-year-old daughter, Nikki Curtis, in 2002.

Over the course of his time in prison, his attorneys have unsuccessfully appealed his case.

Texas House members, with the assistance of the criminal justice reform group the Innocence Project, took an increased interest in his case over the past month.

After a group of more than 80 Texas legislators signed a letter in support of Roberson, the House Criminal Jurisprudence Committee held a hearing to address the case.

Following the hearing, the committee issued a subpoena for Roberson to appear in an attempt to delay the execution — after the Texas Board of Pardons and Paroles declined to grant clemency in his case.

The subpoena was first taken up by Judge Jessica Mangrum of the 200th District Court of Texas, who granted a temporary restraining order to the lawmakers. The State of Texas said it would appeal that decision to the Court of Criminal Appeals.

Simultaneously, Roberson’s attorney appealed his case to the U.S. Supreme Court — which denied the appeal for a stay.

In the late hours of Friday evening, a 5 to 4 decision came down from the Texas Court of Criminal Appeals vacating the temporary restraining order. The dissenting opinion was authored by Justice David Newell, who wrote,  "I think the more prudent course of action would not be to grant mandamus relief outright. Instead, this Court should file and set this case and order briefing from the parties.”

“Perhaps after we have fully fleshed out these issues the Court will ultimately hold that mandamus relief is appropriate. But given the unprecedented nature of the circumstances present in this case, I believe we should at least explain our reasoning to the Texas Legislature as well as the citizens of Texas."

Texas House lawmakers appealed the decision to the Supreme Court of Texas (SCOTX).

Just minutes before the scheduled execution, SCOTX granted a temporary restraining order to delay the death of Roberson so that the district court could review the Legislature’s right to compel his testimony.

The subpoena for Roberson to appear in a Texas House committee hearing to provide testimony on his case is scheduled for next week, and Rep. Jeff Leach (R-Plano) has said Roberson will appear in Austin, in person, at the Texas Capitol.