Robert Roberson’s execution can’t be stopped by Texas House subpoena, state Supreme Court rules

From KERA News :

A Texas House of Representatives committee did not have the authority to override death row inmate Robert Roberson's scheduled execution with a subpoena, the Texas Supreme Court ruled Friday.

Roberson was scheduled for execution last month over the death of his 2-year-old daughter Nikki in 2002. Prosecutors argued Roberson violently shook Nikki, but the scientific validity of shaken baby syndrome has been disputed since then.

The House Committee on Criminal Jurisprudence issued its subpoena one day before, requiring Roberson to testify about the use of the state's "junk science" law in his capital murder case.

A Travis County district judge issued a temporary restraining order preventing Roberson's execution. The Texas Department of Criminal Justice successfully appealed to the Court of Criminal Appeals — the state's court of last resort for criminal cases — which cleared the way for Roberson's execution.

But the Texas House committee took their request to the state's highest civil court to pause Roberson's execution and testify before lawmakers. The Texas Supreme Court temporarily paused the execution and allowed him to testify.

However, in Friday's order, the court ruled that while the Texas House committee rightfully raised a question of civil law, it overstepped and infringed on the other branches of government by attempting to delay the execution.

In a statement posted to social media, House Criminal Jurisprudence Committee Chair Joe Moody, D-El Paso, and House Judiciary and Civil Jurisprudence Chair Jeff Leach, R-Plano, said the court's decision nonetheless confirmed their position.