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)

Florida executes Dominick Occhicone

Florida executes 2 men in a day. Republican Gov. Ron DeSantis has made Florida's death chamber the nation’s busiest at the end of his final term.   STARKE, Fla. — Florida on Tuesday became the first state in nearly a decade to carry out two executions in a single day, the last an 80-year-old man who was the second-oldest inmate known to receive a lethal injection in modern U.S. history. Hours earlier, the state executed a former police officer convicted of killing a young girl.

Florida | 49 years on death row, killer of Bonita Springs teen learns death date

A Fort Myers man on death row for nearly five decades learned his execution date as Gov. Ron DeSantis signed his order Thursday, July 30. Harold Gene Lucas, then 24, shot and killed his 16-year-old girlfriend, Anthia Jill Piper in Bonita Springs on August 14, 1976. Lucas was 24 when he was charged in Piper's shooting death at her parents' home on Aug. 14, 1976. The execution is set for Sept. 1 in a state that has accelerated its pace under DeSantis the past two years, with a record of 19 executions in 2025. Piper was shot seven times by Lucas, who claimed to be intoxicated.

Idaho | How Bryan Kohberger’s Guilty Plea Move Could Be His Death Sentence

If Bryan Kohberger successfully withdraws his guilty plea and goes to trial for the murders of four University of Idaho students, it could lead to him being sentenced to death, experts told Newsweek . Kohberger, 31, filed a handwritten petition on Monday from the Idaho Maximum Security Penitentiary, where he is serving four consecutive life sentences for the murders of Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen in a rental home near the university's campus in Moscow, Idaho, in 2022. Kohberger pleaded guilty to the fatal stabbings just over a year ago, a month before jury selection was set to start.

Florida executes James Duckett

Double execution: 1st of 2 inmates is put to death in Florida Florida has executed James Duckett, a 68-year-old former cop convicted of killing an 11-year-old girl in 1987. The state is set to execute an 80-year-old man 6 hours later for a 1986 murder.  Florida carried out the 1st double execution in more than 60 years, executing former police officer James Duckett and later scheduling the execution of 80‑year‑old Dominick Occhicone, amid Governor Ron DeSantis’s aggressive push to increase death penalties in the state.  Florida has put to death the 1st of 2 inmates in the state's 1st double execution in more than 60 years amid an aggressive death penalty push by Gov. Ron DeSantis. 

Saudi Arabia | New Executions of Ethiopian Migrants

At Least 17 Executed for Non-Lethal Drug-Related Offenses in 2026 (Beirut) – Saudi authorities executed five Ethiopian migrants for nonlethal drug-related offenses on July 27, 2026, without due process, Human Rights Watch said today. Saudi authorities have executed at least 17 Ethiopian nationals since the beginning of 2026 on drug-related charges. At least 79 more remain at imminent risk of execution on similar charges. Saudi authorities have executed at least 116 people in 2026 as of July 27, according to the European Saudi Organization for Human Rights.

Florida | Former warden recalls botched electrocution that left him battling PTSD for 13 years and turned him into an abolitionist

Ron McAndrew anticipated it would be just another standard execution. He had been assigned to carry out the death of Cuban refugee Pedro Medina via electric chair within the confines of Florida State Prison. Fifteen years had passed since Medina's conviction for the murder of 52-year-old Dorothy James, and McAndrew's responsibility was to oversee the administration of lethal electrical currents to his brain. Having already supervised two previous executions using the identical procedure and raised in a community that strongly supported capital punishment, he expected a swift conclusion with justice delivered.

Two Executions In Six Hours: Florida Set For Historical Double Execution Tuesday

Florida is preparing to execute two death row inmates on Tuesday, July 28, in an action that would mark the state’s first double execution in more than 60 years. Former police officer James Duckett, 68, is scheduled to die by lethal injection at 12 p.m., followed six hours later by 80-year-old Dominick Occhicone at 6 p.m. If carried out, these will mark the 39th and 40th executions under Gov. Ron DeSantis and the 11th and 12th in the state since the beginning of 2026. In response, Floridians for Alternatives to the Death Penalty (FADP) has launched petition and letter-writing efforts asking DeSantis to halt both procedures. The group has organized two public vigils outside Florida State Prison in Raiford, set for 11 a.m. and 5 p.m., contingent on whether stays are issued.

North Korea | 'I was only 9': North Korean defector recalls childhood memory of public execution

Kim Eun-joo was 9 years old when her teacher stopped their lesson and told the class to follow her outside. The children were marched to a public execution ground in North Korea. “I would cry even when our family dog died,” Kim said in a recent interview with The Korea Times. “But the first time I watched humans killing a human, I had no words for what I was feeling. It was the most brutal scene I have ever seen, in any movie or in real life.” The memory has stayed with her ever since. Now a human rights advocate after defecting from North Korea, Kim recently brought that childhood scene to the 9th World Congress Against the Death Penalty in Paris, where North Korea’s use of public executions and capital punishment was officially placed on the agenda for the first time.

Iran erects iron gallows in Isfahan protest square

An iron gallows has been erected in an Isfahan square where protests erupted in January. Families of several of the 10 remaining prisoners sentenced to death have been summoned for farewell visits. An iron gallows erected in Ali-Khani Square in the central Iranian city of Isfahan has raised fears that the regime is preparing to publicly execute protesters arrested during nationwide demonstrations in January. Sources who spoke with Iran International said large numbers of security forces had been deployed in the area, while the families of several prisoners sentenced to death had been summoned to the prison for farewell visits.

Texas | New Evidence Challenges Rodney Reed Death Penalty Conviction

AUSTIN, Texas — Nearly three decades after Rodney Reed was sentenced to death for the rape and murder of Stacey Stites, prosecutors and law enforcement officials are urging Texas’ highest criminal court to fully examine new evidence they argue raises serious questions about his conviction before the state carries out an irreversible punishment. Fair and Just Prosecution, joined by the Law Enforcement Action Partnership and 29 current and former prosecutors and law enforcement officials, filed an amicus brief urging the Texas Court of Criminal Appeals to fully review new evidence in Reed’s death penalty case, according to an FJP press release.