Robert Roberson granted last minute reprieve minutes before execution

An unusual legal move has bought more time for a Texas man who was set to be executed this evening.

A bipartisan group of Texas lawmakers, who said Robert Roberson was actually innocent and shouldn't be executed, issued a subpoena on Wednesday for the death row inmate.

On Thursday afternoon, a Travis County judge presided over a court hearing to decide which carried more weight and should be honored — a Texas legislative subpoena or a death warrant for execution.

Judge Jessica Mangrum agreed and granted a temporary restraining order to prevent the execution 90 minutes before it was to be carried out.

Roberson was convicted of the capital murder of his 2-year old daughter. Prosecutors said she died from shaken baby syndrome but new evidence showed she died from pneumonia and not abuse.

All appeals for Roberson were rejected without considering the new evidence.

Texas lawmakers said they subpoenaed Roberson to hear his testimony on Texas capital punishment. He will testify on Monday, Oct. 21, at 12:00 p.m.

It was not clear when a new execution date will be scheduled.