Texas Supreme Court opinion clears path for Robert Roberson's execution

null - The Texas Supreme Court issued an opinion on Friday looking to clear up the legal questions raised by a House committee in the case of death row inmate Robert Roberson.

The committee issued a subpoena on the day before Roberson's scheduled execution on Oct. 17 for the death row inmate to testify at a hearing about his case.

The Texas Supreme Court initially paused the execution on the night of the lethal injection to review the committee's request.

In an opinion released on Friday by Justice Evan Young, the court told state lawmakers they cannot use the power of a subpoena to delay an execution.

"The court said, look, we've got three branches of government and they all have something to say here, but the legislature has an interest in these committees in researching laws, the executive has the pardon power. The judiciary takes care of having the trial and the post-conviction proceedings. But at some point when they come together, you just have to balance them," explained Constitutional lawyer David Coale.

The court acknowledged lawmakers have the power to call witnesses to testify, but there are limits.

"Legislative investigatory power, even at its maximum, is insufficient to forestall a long-scheduled execution under the circumstances presented here," reads part of the 30-page opinion from the court.

Roberson was convicted of killing his 2-year-old daughter, Nikki, in Palestine, Texas in 2002.

He took her to the emergency room with a high fever, where medical staff determined her condition was consistent with shaken baby syndrome.

Roberson's attorneys have challenged that diagnosis, calling it "junk science." They say Nikki died from natural causes, likely undiagnosed pneumonia.

A coalition of lawmakers and the lead detective on the case have argued the science supporting Roberson's death sentence doesn't hold up.

Texas passed a law in 2013 that allows a person convicted of a crime to seek relief if the evidence used against them is no longer credible.

The Texas House Committee on Jurisprudence issued the subpoena to have Roberson testify in order to talk about the law and if it is being properly implemented.

The Texas Supreme Court said that is not enough reason to delay Roberson's execution.

"The committee has not shown that only Roberson (or a similarly situated future inmate) has the information the committee seeks. The decades of litigation over his case have produced a wealth of public records. And other people, including Roberson’s attorneys, are likely to know any facts relevant to making public policy that are not in those records," reads Young's opinion.

Young goes on to write that because executions are scheduled so far in advance, there is, in most cases, no reason for the last-minute subpoena.

"There would be no logical end to the potential for last-minute subpoenas and the recall of a witness. The legislature cannot demand assistance that amounts to the assisting party’s surrender of its own constitutional authority and duties," reads the opinion.

To put it simple, Coale says the court told lawmakers they tried to step in too late.

"This court opinion says it's the last minute and then we're done. And you have an interest in revising the laws of Texas, but not one that warrants following this up any farther," he said.

Roberson's execution date has not been rescheduled at this time.

The Supreme Court says because the new date will be set far in the future, if the committee wishes to hear his testimony, it should be allowed "so long as a subpoena issues in a way that does not inevitably block a scheduled execution."

Texas House Committee on Jurisprudence chair and Committee on Judiciary & Civil Jurisprudence Joe Moody and Jeff Leach thanked the Texas Supreme Court's ruling.

"In holding that a legislative subpoena cannot delay an execution - never our specific intention - the Supreme Court also rightfully agreed that our legislative subpoena and this suit were valid. Further, the Supreme Court strongly reinforced our belief that our Committee can indeed obtain Mr. Roberson's testimony and made clear that it expects the Executive Branch of government to accommodate us in doing so. That has been our position all along, and we look forward to working with the Executive Branch to do just that," read the statement.

Roberson would be the first person in the US executed for a murder conviction tied to the diagnosis of shaken baby syndrome.

Lawmakers on the bipartisan committee believe Roberson may be innocent.

They called expert witnesses and the lead detective on the case to testify in support of that belief.

Other relatives of the 2-year-old have criticized the committee.

The case has garnered national attention, with hearings including testimony from Dr. Phil and author John Grisham.

What happens now?

The Anderson County District Attorney would now have to get a new death warrant, an execution would happen no earlier than 90 days after that date.

Neither the courts, nor Texas Governor Greg Abbott have intervened on Roberson's behalf.

Abbott could still grant clemency in the case, or a 30-day reprieve.

His office filed an amicus brief, saying lawmakers "stepped out of line" when they issued the subpoena that led to the delay in Roberson's execution.

Coale believes there could be a Hail Mary attempt for the new judges on the Criminal Court of Appeals to hear the case next year.