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The Texas Supreme Court has ruled against lawmakers who used their subpoena power to halt the execution of a death row inmate for his daughter’s “shaken baby” death, paving the way for it to proceed. "Categorically prioritizing a legislative subpoena over a scheduled execution, in other words, would become a potent legal tool that could be wielded not just to obtain necessary testimony but to forestall an execution," the Texas Supreme Court said in its ruling Friday. But the Office of the Attorney General quickly appealed the subpoena, which was supported by a district court judge's temporary injunction that halted Roberson's execution. After the state's highest criminal court agreed with the attorney general's office, allowing Roberson's execution to continue, lawmakers then petitioned their case to the Texas Supreme Court. "Given the overwhelming new evidence of innocence, we ask the State of Texas to refrain from setting a new execution date."

Persons: Robert Roberson, Nikki, Roberson, Joe Moody, Jeff Leach, Moody, Leach, Ken Paxton, Nikki's, Gretchen Sween, Robert, Sween Organizations: Texas Supreme, Committee, Democrat, Republican, of Locations: Texas, U.S, Nikki's, Houston, Austin, of Texas

Robert Roberson, 57, was set to become the first person in the U.S. executed in a "shaken baby" case until members of the state House Criminal Jurisprudence Committee issued a subpoena to have him testify at a legislative hearing this week. Despite efforts by the attorney general's office to appeal, as the execution was scheduled to get underway on the evening of Oct. 17, the Texas Supreme Court, in an 11th-hour decision, sided with the lawmakers, handing Roberson a temporary reprieve. Texas Attorney General Ken Paxton during the annual Conservative Political Action Conference meeting in National Harbor, Md., on Feb. 23. The attorney general's office also described alleged sexual abuse. The attorney general's office said Wednesday that state lawmakers have "attempted to mislead the public by falsely claiming that Roberson was unfairly convicted through 'junk science' concerning 'shaken baby syndrome.'"

Persons: Ken Paxton, Robert Roberson, Roberson, Paxton, Nikki, Mandel Ngan, Paxton's, Doug Deason, Greg Abbott, Joe Moody, untruths, general's, Robert, Brian Wharton, Wharton, Gretchen Sween Organizations: Texas Supreme, Conservative Political, Getty, Texas GOP, Gov Locations: Texas, U.S, National Harbor, Md, AFP

☆ What we know: Fate of Texas death row inmate’s testimony before a state legislative committee is uncertain
▼ + stars: | 2024-10-21 | by ( Dakin Andone | Ed Lavandera | ) edition.cnn.com time to read: +11 min

By Thursday evening, after a series of court battles and escalating appeals, the Texas Supreme Court had issued a temporary stay of execution. The AG is representing TDCJ, and is calling the shots, while simultaneously attacking the underlying subpoena before the Texas Supreme Court. We expected that the subpoena would be honored pursuant to Texas law and the Committee’s intent. “It’s the entire case, and that is Mr. Roberson’s case,” Keith Findley, professor emeritus with the University of Wisconsin Law School, testified before the Texas Committee on Criminal Jurisprudence last week. The Texas Court of Criminal Appeals previously issued a stay of execution in Roberson’s case in 2016, sending a claim under Article 11.073 (among others) back to the trial court.

Persons: Robert Roberson, it’s, Roberson, Nikki Curtis –, Paroles, Gretchen Sween, Sween, Joe Moody, ” Sween, Nikki, Nikki “, –, Brian Wharton, pediatricians, “, ” Keith Findley, ” Dr, Antoinette Laskey, ” Dani Allen, Michael Wyke, ”, Roberson’s, ” Findley, ” Moody, ” CNN’s Ashley Killough, Nicole Chavez Organizations: CNN, Texas, Texas Supreme, US, Texas Attorney General’s, Texas Department, Criminal, Capitol, American Academy of Pediatrics, Palestine, US Centers for Disease Control, CDC, US Army, National Registry, Exonerations, University of Wisconsin Law School, American Academy of Pediatrics ’, Child, Appeals Locations: Texas, TDCJ, Austin, Palestine , Texas, Huntsville , Texas

CNN —Texas death row inmate Robert Roberson sat praying in a cell Thursday night, just feet from the execution chamber where he was set to die by lethal injection for the “shaken baby” death of his toddler. Just over 90 minutes before Roberson’s execution was set to begin, the House committee was able to secure a temporary restraining order against the state, pausing the execution. Roberson’s case is called into questionAdvocates for Roberson insist the diagnosis that his daughter died from shaken baby syndrome is inaccurate and has been discredited. Shaken baby syndrome is accepted as a valid diagnosis by the American Academy of Pediatrics and supported by child abuse pediatricians who spoke with CNN. Since 1992, courts in at least 17 states and the US Army have exonerated 32 people convicted in shaken baby syndrome cases, according to the National Registry of Exonerations.

Persons: Robert Roberson, Nikki, Roberson, God, “, ”, Amanda Hernandez, Robert Roberson –, Gretchen Sween, Joe Moody, Jeff Leach, Jennifer Roberson, Robert, “ It’s, Brian Wharton, Wharton, ” Wharton, “ We’ve, ” Roberson, –, Moody, Leach, Greg Abbott, Ken Paxton, pediatricians, Nikki Curtis, Nikki “, Dr, Sandeep Narang, Antoinette Laskey Organizations: CNN, Texas Supreme, Texas House, Texas Department, Criminal, Texas, US, Appeals, Criminal Justice, Division, Texans, Huntsville Unit, Texas Capitol, Texas Gov, American Academy of Pediatrics, US Army, National Registry, American Academy of Pediatrics ’, Child Locations: Texas, Palestine , Texas

Texas is preparing to put a man to death Thursday in what would be the nation’s first execution involving a case of “shaken baby syndrome,” a diagnosis that has been re-evaluated in more recent years, leading to the overturning of similar convictions. Prosecutors argued that Nikki must have been shaken to death because she had been diagnosed with “the triad” — a swollen and bleeding brain and retinal hemorrhaging — symptoms once believed to be indisputable evidence of shaken baby syndrome. In 2009, the American Academy of Pediatrics changed the name of shaken baby syndrome to the more broadly defined “abusive head trauma” to include injuries caused by mechanisms other than shaking alone. It is now medical consensus that other medical conditions, including infections, accidental trauma and pre-existing illnesses, can also cause the symptoms associated with shaken baby syndrome. Hundreds of possible shaken baby and abusive head trauma cases are reported to hospitals in the U.S. every year, according to a nonprofit advocacy group.

Persons: Robert Roberson, Greg Abbott, Lester Holt, Paroles, Abbott, Roberson, ” Brian Wharton, “, I’ve, I’m, ”, Nikki, Wharton, Roberson's, Gretchen Sween Organizations: U.S, Supreme, NBC, Texas, NBC News, Prosecutors, American Academy of Pediatrics, National Registry, Palestine, Food and Drug Administration Locations: Texas, Huntsville, U.S, East Texas

CNN —A Travis County judge granted a Texas House committee’s last-minute temporary restraining order request against the state just 90 minutes before Robert Roberson was scheduled to be executed Thursday. While authorities have not confirmed the execution is delayed, Roberson’s attorneys and the committee fighting for him told CNN they believe the execution is currently halted. “This is an injustice and his blood is on Abbott and Anderson County,” she told CNN. I did not hear his voice,” Brian Wharton, the former detective who oversaw the investigation into Nikki’s death, told state lawmakers Wednesday at a hearing featuring the case. I don’t want to be there, I don’t want to watch it happen,” Wharton told CNN.

Persons: Travis, Robert Roberson, Amanda Hernandez, Roberson, Sonia Sotomayor, ” Sotomayor, ”, Sotomayor, “, ” Robin Maher, Greg, Abbott, Dale Wainwright, Jennifer Roberson, Brian Wharton, Roberson’s, he’s, pediatricians, Nikki Curtis, They’ve, Paroles, ’, Nikki, Nikki “, –, Robert, ” Brian Wharton, Wharton, Gretchen Sween –, ” Wharton, John Grisham, Sween, Jeff Leach, Antoinette Laskey, ” Laskey Organizations: CNN, Texas, Texas Department, Criminal, US, Former Texas Supreme, Huntsville Unit, Supreme, GOP, Wednesday, Appeals, American Academy of Pediatrics, US Army, National Registry, American Academy of Pediatrics ’, Child Locations: Texas, ” Texas, Travis, Huntsville, Anderson County, Anderson, Palestine , Texas

Greg Abbott, who has the power to commute a death sentence if the Texas Board of Pardons and Paroles recommends doing so. Abbott can still grant a one-time 30-day reprieve to postpone the execution even though the board has denied a clemency bid. In 2009, the American Academy of Pediatrics changed the name of shaken baby syndrome to the more broadly defined “abusive head trauma” to include injuries caused by mechanisms other than shaking alone. It is now accepted medical consensus that the symptoms associated with shaken baby syndrome can also be caused by other medical conditions, including infections, accidental trauma and a pre-existing illness. The uncertainty surrounding shaken baby syndrome has also led to a reevaluation of many criminal cases.

Persons: ” Robert Roberson, Greg Abbott, Paroles, Abbott, Lester Holt, Roberson, “, ” “, ” Roberson, “ I’m, Nikki, Roberson’s, she’d, Brian Wharton, Wharton, Holt, Gretchen Sween Organizations: Texas, U.S, Supreme, NBC News, Prosecutors, American Academy of Pediatrics, National Registry, Palestine Police Department, Food and Drug Administration Locations: Texas, United States, East Texas

The inmate’s attorneys call that a misdiagnosis – and also discredit shaken baby syndrome on its face, despite broad consensus among pediatricians it is legitimate. The shaken baby syndrome diagnosis from doctors and nurses, their emotional response to Nikki’s condition and Roberson’s odd reaction all stacked against the then-suspect, said Wharton. “There really is not a controversy in medicine about the existence of abusive head trauma. Just this month, the Texas Court of Criminal Appeals ordered a new trial for a man sentenced to 35 years in prison after being convicted of injury to a child in a case that also relied on a shaken baby syndrome argument. Without shaken baby syndrome, he said, “there’s nothing that’s chargeable here.

Persons: West, Robert Roberson, Nikki Curtis, Roberson, Nikki, ” Roberson, John Grisham, Brian Wharton, Wharton, ”, “, Robert, pediatricians, Dr, Lee Savio Beers, Sandeep Narang, ” Narang, They’ve, Greg Abbott, Nikki Curtis Roberson, ’, Nikki’s, Janet Squires, Squires, ” Squires, Narang, Roberson’s, –, Larry Bowman, Nikki –, ‘, Sciences –, Kate Judson, it’s, ” Dr, Antoinette Laskey, Laskey, he’ll, he’s, I’ll, “ Unforgiveness, he's, Ashley Killough, CNN Wharton, Gretchen Sween, ” Wharton, We’re, LaMotte, Stephanie Becker Organizations: West Livingston CNN, CNN, American Academy of Pediatrics, US Centers for Disease Control, CDC, American Association of Pediatrics, AP, US Army, National Registry, Appeals, SBS, Board, Republican Gov, Integrity, Sciences, American Academy of Pediatrics ’, Child, Texas Department, Criminal, New York Times Locations: West Livingston CNN — Texas, Texas, United States, Roberson’s, Palestine , Texas, ”, Livingston , Texas, Anderson County, Dallas

The lead detective in the case, Brian Wharton, accepted the shaken baby syndrome diagnosis, and Roberson was arrested before an autopsy was even completed. Shifting scienceThe concept of shaken baby syndrome began in the 1970s. Hundreds of possible shaken baby and abusive head trauma cases are reported to hospitals in the U.S. every year, according to a nonprofit advocacy group. A Mississippi man on death row for a shaken baby diagnosis was resentenced to life in prison in 2018 after evidence was re-examined. "The shaken baby concept did not add up," Sween said.

Persons: Robert Roberson, Lester Holt, Greg Abbott, I've, I'm, Roberson, Abbott, Holt, Nikki, Brian Wharton, Wharton, Kate Judson, Judson, Andie Asnes, Asnes, Robert Dunham, Phillips, Gretchen Sween, Sween, Robert Organizations: NBC News, Texas Gov, NBC, Texas, Criminal Appeals, Prosecutors, Center, Integrity, Forensic Sciences, American Academy of Pediatrics, Yale School of Medicine, Child, National Registry Locations: Texas, East Texas, Dallas, U.S, Mississippi

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