Mr. Roberson, who has long maintained his innocence, was scheduled to be executed in Texas on Thursday, October 17th at 6 pm Central Time. A Travis County district court judge entered a temporary restraining order staying his execution just 90 minutes before the execution at the request of Texas legislators, who had subpoenaed Mr. Roberson to testify at a hearing next Monday. They had asked the district court to enjoin the State of Texas from executing Mr. Roberson. The State of Texas immediately appealed the district court’s order to the Texas Court of Criminal Appeals, which granted the State’s motion. The legislators then appealed to the Texas Supreme Court, which entered a temporary stay of execution around 10 pm Central Time, directing a lower court to resolve the separation-of-powers question raised by the Texas legislators. The Court’s order is HERE.
Earlier on the same day, the United States Supreme Court denied Mr. Roberson’s request for a stay. Justice Sotomayor issued a dissent in which she urged Governor Abbott to grant a 30-day reprieve.
Statement from Gretchen Sween, attorney for Robert Roberson:
“The vast team fighting for Robert Roberson – people all across Texas, the country, and the world – are elated tonight that a contingent of brave, bipartisan Texas lawmakers chose to dig deep into the facts of Robert’s case that no court had yet considered and recognized that his life was worth fighting for. He lives to fight another day and hopes that his experience can help improve the integrity of our criminal legal system. Thank you to all who have supported Robert, an innocent man on Texas’s death row.”