Skip to main content

Texas AG Requests Execution Date for Robert Roberson Before a Court Has Heard New Evidence of His Actual Innocence

On June 16, 2025, Texas Attorney General Ken Paxton filed a motion in the Anderson County District Court request­ing a new exe­cu­tion date for Robert Roberson, despite the fact that a motion from defense coun­sel with new evi­dence in sup­port of Mr. Roberson’s actu­al inno­cence remains pend­ing.

As the Dallas Morning Editorial Board notes, it is ​“unusu­al” that “[AG] Paxton’s office is involved” in request­ing the exe­cu­tion date. AG Paxton has active­ly sought Mr. Roberson’s exe­cu­tion and has pub­licly dis­put­ed his claims of inno­cence; his office recent­ly took over Mr. Roberson’s case from the district attorney.

Mr. Roberson was con­vict­ed and sen­tenced to death in 2003 for caus­ing the death of his daugh­ter Nikki, who med­ical experts have since deter­mined died from severe viral and bac­te­r­i­al pneu­mo­nia that doc­tors failed to diag­nose, not from abuse or ​“Shaken Baby Syndrome” (SBS) as tri­al pros­e­cu­tors alleged. 

A day after AG Paxton’s motion was filed, coun­sel for Mr. Roberson filed an objec­tion, point­ing out that the law allows the ​“dis­trict court the dis­cre­tion not (empha­sis in orig­i­nal) to set an exe­cu­tion date under the cir­cum­stances pre­sent­ed,” as Mr. Roberson’s pend­ing peti­tion remains in front of the Texas Court of Criminal Appeals (CCA). According to attor­ney Gretchen Sween, Mr. Roberson is inno­cent, and ​“the AG’s unjus­ti­fied rush to seek an exe­cu­tion date while that new evi­dence of inno­cence is before the court is outrageous.”
There is no jus­ti­fi­ca­tion for the Attorney General’s relent­less effort to kill an inno­cent human being — and no state law or moral law that autho­rizes seek­ing an exe­cu­tion date under these circumstances.
Gretchen Sween, attor­ney for Robert Roberson

In February 2025, coun­sel for Mr. Roberson filed a habeas appli­ca­tion with the CCA, argu­ing that relief is required because new expert opin­ions and sci­en­tif­ic advance­ments have emerged since October 2024, when the CCA acknowl­edged in a sim­i­lar case that the sci­en­tif­ic foun­da­tion for SBS con­vic­tions lacks reli­a­bil­i­ty.



According to Mr. Roberson’s fil­ing, this new evi­dence demon­strates two crit­i­cal points: ratio­nal jurors would not find Mr. Roberson guilty of cap­i­tal mur­der today, and his con­vic­tion was mate­ri­al­ly influ­enced by sci­en­tif­ic and med­ical evi­dence now con­sid­ered out­dat­ed and unre­li­able. 

Counsel for Mr. Roberson point­ed to the CCA’s deci­sion in Ex Parte Roark, where the court over­turned a mur­der con­vic­tion based on the SBS tes­ti­mo­ny of the same expert who tes­ti­fied against Mr. Roberson.
We find that sci­en­tif­ic knowl­edge has evolved regard­ing SBS and its appli­ca­tion in Applicant’s case. In addi­tion, we find that giv­en fur­ther study, the experts would have giv­en a dif­fer­ent opin­ion on sev­er­al issues at tri­al today — some already have. The admis­si­ble sci­en­tif­ic tes­ti­mo­ny at tri­al today would like­ly jus­ti­fy an acquittal.
Texas Court of Criminal Appeals in Ex Parte Roark.

Counsel also includ­ed a new affi­davit for Dr. Michael Laposata, a pathol­o­gist with more than four decades of exper­tise in coag­u­la­tion and bleed­ing dis­or­ders, who deter­mined that Nikki suf­fered from Disseminated Intravascular Coagulation (DIC), a blood clot­ting dis­or­der that is known to be com­mon­ly caused by seri­ous ill­ness­es, such as pneu­mo­nia. Dr. Laposata explained the bleed­ing in Nikki’s brain that the med­ical exam­in­er attrib­uted to ​“mul­ti­ple impact” sites, was because of DIC: ​“The most plau­si­ble expla­na­tion for Nikki Curtis’ bleed­ing and bruis­ing is the devel­op­ment of DIC start­ing months before the events which took her life.”

Mr. Roberson faced an October 2024 exe­cu­tion date, but with the inter­ven­tion of state law­mak­ers, a leg­isla­tive sub­poe­na to tes­ti­fy on a date after the sched­uled exe­cu­tion result­ed in a tem­po­rary injunc­tion pre­vent­ing his exe­cu­tion. Mr. Roberson was ulti­mate­ly unable to tes­ti­fy because AG Paxton’s office inter­vened. 

Without hear­ing direct­ly from Mr. Roberson, the House Committee on Criminal Jurisprudence released an inter­im report, which was includ­ed in Mr. Roberson’s February 2025 motion at the CCA. The Committee found that Mr. Roberson’s case ​“high­light­ed not just an indi­vid­ual injus­tice, but the unful­filled promise of what was intend­ed to be a pio­neer­ing Texas law.”

During Texas’ 2025 leg­isla­tive ses­sion, law­mak­ers attempt­ed to pass amend­ments to strength­en the state’s junk sci­ence law. The leg­is­la­tion gained broad sup­port in the state House, but ulti­mate­ly failed to move in the Senate. 

The orig­i­nal junk sci­ence law passed in 2013 and is meant to pro­vide relief in crim­i­nal cas­es whose con­vic­tions were based on sci­ence that has since evolved. State Representative Joe Moody, who led the leg­isla­tive com­mit­tee that secured a sub­poe­na for Mr. Roberson in 2024, told The Texas Tribune that many state law­mak­ers believe in Mr. Roberson’s inno­cence. ​“What I know is that we’re no clos­er to truth or fair­ness today than we were one year ago — all we’ve added to this is pol­i­tics, which should nev­er have any role in our jus­tice sys­tem,” said Rep. Moody.

According to the National Registry of Exonerations, at least 41 par­ents and care­givers across 21 states and the mil­i­tary have been exon­er­at­ed since 1992 after being wrong­ful­ly con­vict­ed based on the ​“Shaken Baby” hypothesis.

Source: Death Penalty Information Center, Hayley Bedard, June 23, 2025




"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde


Most viewed (Last 7 days)

Tibetan protesters executed for Lhasa riot killings

Tibetan exiles have reported the first executions of those convicted for rioting last year in Lhasa, with at least two people put to death in a rare implementation of capital punishment in the restive region. Two Tibetans convicted of arson and sentenced to death in April were executed on Tuesday morning in Lhasa, reported The Tibetan Centre for Human Rights and Democracy, which is based in the Indian town of Dharamsala—the home in exile of the Dalai Lama. It said that Lobsang Gyaltsen and Loyak had been sentenced to death for their part in setting fire to five shops in the Tibetan capital, killing seven people, in the riot that rocked Lhasa in March last year. Officials say that 21 people — including three Tibetan protesters — died in the violence, which embarrassed Beijing just as it was preparing to stage the Olympic Games and prompted a security crackdown across the Himalayan region. The body of Mr. Gyaltsen had been returned to his family and then submitted to a river burial—an un...

Two Germans to be caned, jailed for Singapore train graffiti

"Singapore: Disneyland with the death penalty" A Singapore court sentenced two Germans to nine months in prison and three strokes of the cane on Thursday after they pleaded guilty to breaking into a depot and spray-painting graffiti on a commuter train carriage. Andreas Von Knorre, 22, and Elton Hinz, 21, both expressed remorse while being sentenced in the state courts of the island republic. “This is the darkest episode of my entire life,” said Von Knorre. “I want to apologise to the state of Singapore for the stupid act ... I’ve learnt my lesson and will never do it again.” Hinz added: “I promise I will never do it again. I want to apologise to you, and my family for the shame and situation I’ve put them into.”  Both were dressed in prison uniform — a white T-shirt and brown trousers with the word “Prisoner” down the sides and on the back. They spoke to the court in English. Singapore sentences hundreds of prisoners to caning each year as part of a syst...

Indiana | ‘Dignity’ is a poor excuse for blocking press access to state executions

Indiana law says that the press has no right to be present when the state carries out executions. It limits those who can attend to the warden of the prison where the execution is carried out, immediate family members of the crime victim, no more than five friends or relatives of the convicted person, the prison physician, and the prison chaplain. Only if an inmate selects a member of the press as one of the five friends may they attend.

Iran: Delara Darabi has now been scheduled for execution

Delara Darabi has now been scheduled for execution, according to the Iranian newspaper Etemad on 18 April, according to another source on 20 April. She was convicted of murdering a relative when she was 17. Unless the Judiciary intervenes, she can now escape execution only if the woman’s entire family accept payment of diyeh, or blood money. One of the familly is said to be undecided. Iran is a state party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which prohibit the use of the death penalty against people convicted of crimes committed when they were under 18. RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible: - expressing concern that Delara Darabi is in imminent danger of execution for a crime committed when she was under 18; - calling on the authorities to halt the execution of Delara Darabi immediately, and commute her death sentence; - reminding the authorities that Iran is a state part...

Florida | Former prison warden who oversaw executions urges corrections workers to not participate in them

Recently Florida carried out the execution of Dusty Spencer , a 74-year-old Marine veteran, for the murder of his wife, Karen, in 1992. It was the ninth Florida execution this year. For their own sake, I urge Florida’s corrections workers to refuse to carry out another one. Before you dismiss me as some soft lefty, you should know that I am an Air Force veteran. I voted for Ron DeSantis for governor twice—and for Donald Trump for president three times.

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

As Idaho Reinstates Firing Squad, Volunteers Sought for Executions

The state becomes the first in the U.S. to make the firing squad the standard method of capital punishment Idaho is opening a new phase in the administration of capital punishment in the United States, returning to the firing squad as the default method of execution. The decision reintroduces a system that has been abolished or abandoned in most of the country and is now being reorganized through a formal and highly structured framework. The new death penalty protocol State authorities have begun recruiting volunteer law enforcement officers to take part in executions. The operational model includes three primary shooters assigned to carry out the execution, two alternates, and one operations coordinator. All participants will remain anonymous, known only to the prison warden and deputy warden.

Halfway through the year, Saudi Arabia has already executed nearly 100 people

Almost 100 people executed so far this year as dozens more remain on death row for drug-related offences Saudi Arabian authorities have executed nearly 100 people so far this year, including at least 61 for drug-related offences, the latest of which was on 18 June. In response, Dana Ahmed, Middle East Researcher at Amnesty International, said today: “It is halfway through the year and Saudi Arabia has executed nearly 100 people, a grim milestone exposing the authorities’ unconscionable and unlawful use of the death penalty. Of the 96 people put to death already in 2026, an astounding 61 were executed for drug-related offences; 39 of them were foreign nationals and 22 Saudi nationals.

Florida executes Dusty Ray Spencer

74-year-old man becomes oldest inmate executed in modern Florida history  A 74-year-old man convicted of fatally stabbing his wife became the oldest person executed in Florida’s modern history on Thursday, and the state is scheduled to execute another 74-year-old inmate next month.  Dusty Ray Spencer was pronounced dead at 6:10 p.m. following a 3-drug injection at Florida State Prison near Starke. Spencer was convicted of the 1992 stabbing death of his wife Karen. 

Florida death row inmate wants DeSantis to attend his pending execution

Dennis Michael Sochor is scheduled to be put to death Tuesday, the 29th person executed by the state in the past 19 months. Dennis Michael Sochor, convicted of strangling an 18-year-old woman he met at a New Year’s celebration in a Broward County bar 44 years ago, is scheduled to die by lethal injection Tuesday at Florida State Prison. His last wish? To have Gov. Ron DeSantis personally observe his execution up close and personal.