Texas Supreme Court issues opinion on Robert Roberson's execution delay

AUSTIN, Texas - The Texas Supreme Court has issued an opinion connected to the case of death row inmate Robert Roberson.

Roberson was sentenced to death in 2003 for the killing of his 2-year-old daughter. His original execution date was delayed last month when the Texas House Criminal Jurisprudence Committee subpoenaed him to the Texas State Capitol.

"I certainly would like to have him have to the opportunity to testify in front of the committee, I think most people do. I think he should be permitted to testify either remotely or in person," said criminal defense attorney Sam Bassett, who is not connected to the case.

Roberson was not able to show up for the hearing, but there were several testimonies made in his absence regarding a state law that addresses criminal cases involving outdated science.

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"There is a lot of discussion about whether or not his conviction was valid and that was litigated and probably still will be litigated in the criminal court system of Texas which has the highest court of criminal matters in Texas, which is the court of criminal appeals," said Bassett.

The historical move caused a legal battle between the state’s Legislature and Department of Criminal Justice. On Friday, the state Supreme Court ruled that lawmakers cannot stop executions through a legislative subpoena.

"What the Supreme Court is saying here is we don't want to set a precedent which allows legislative subpoenas to effectively stop and execution that has already been litigated through the criminal court system," said Bassett.

Co-chairs Joe Moody and Jeff Leach weighed in on the ruling saying in part "we are grateful for the time and consideration the Texas Supreme Court has devoted to this case and the important constitutional questions presented therein. 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".

Bassett says there are still options available to stop the execution.

"Let’s suppose there is a death warrant issued in the next week or two, there is still three months for people to continue to litigate and seek relief in the court of and also to seek relief in the Governor’s office either by clemency or by or a 31 day stay," he said.

As of Friday, Nov. 15, there has not been a new execution date set.