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Awaiting decisionEx parte Roberson
Will Roberson get a live evidentiary hearing on his junk-science claim?
Where the case stands
Judge weighing briefs on whether to grant a live evidentiary hearing; defense filed a notice of persuasive authority on Aug 12, 2026 citing Georgia's Danyel Smith shaken-baby vacatur.
Background
Convicted 2003 of capital murder of his 2-year-old daughter Nikki on a "shaken baby syndrome" diagnosis. Twice nearly executed — Oct. 2024 (halted by an unprecedented Texas House committee subpoena) and Oct. 16, 2025 (stayed Oct. 9 by the CCA, which remanded his junk-science claim). Would be the first U.S. execution based on an SBS diagnosis.
Charges
- Capital murder (2003 conviction; death sentence)
The arguments
Prosecution/State: Procedural: a specific judicial order narrowing the issues must precede any new evidence — the defense is "putting the cart before the horse."
Defense: New scientific consensus shows Nikki died of severe pneumonia/sepsis and medication effects, not shaking — requiring a full hearing with experts.
The record
- Medical re-analysis. Defense experts' findings attributing the death to pneumonia/sepsis and prescribed medications rather than abusive head trauma.
- Evolving SBS science. Body of literature and rulings (incl. the Aug. 2026 Georgia decision the defense cites) questioning shaken-baby diagnoses.
The line-setting read at the time this market opened
The CCA already stayed his execution once to have this claim reviewed — a signal the court wants the science examined; the State is fighting on procedure rather than merits.
Awaiting decision — The judge's decision on the evidentiary-hearing request; no timeline announced. The ruling is posted here, and on the board, the moment it's confirmed by two or more independent news organizations.
Sources
- KLTV — judge weighing briefs (July 14, 2026)
- Tyler Paper — Georgia ruling filing (Aug. 12, 2026)
- NBC News — CCA stay (Oct. 2025)
- DPIC — DA requests execution date
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