The Texas Court of Criminal Appeals (CCA) on Thursday stayed the execution of death row inmate Robert Roberson, just one week before his scheduled execution date of October 16, 2025. The court’s decision marks the latest turn in a case that has drawn national scrutiny over questions of scientific validity and the use of “shaken baby syndrome” as evidence in criminal prosecutions.
Roberson, who was convicted in 2003 of the capital murder of his two-year-old daughter, Nikki Curtis, has long maintained his innocence. His execution has been delayed multiple times amid a growing debate over whether flawed medical science may have contributed to his conviction.
Background of the Case
Nikki Curtis died in 2002 after suffering severe head injuries that prosecutors argued were caused by blunt force trauma inflicted by Roberson. The State of Texas presented evidence suggesting Roberson violently shook and struck the child — a theory consistent with what was then widely known as “shaken baby syndrome” (SBS).
Roberson, however, claimed that Nikki’s fatal injuries were the result of a fall from bed and a combination of undiagnosed medical conditions, including pneumonia. His defense team and several scientific experts have since argued that the original medical conclusions were based on outdated and now-disputed forensic assumptions.
A Divided Court Decision
The CCA’s Thursday order involved five separate filings. While the court dismissed two applications and declined to reconsider two others, it agreed to reopen one claim “on the Court’s own initiative.”
In doing so, the court cited Ex Parte Roark, a 2023 decision in which another Texas man convicted on the basis of SBS evidence was granted a new trial after the court acknowledged evolving scientific understanding. The move signals that the CCA may now be willing to revisit convictions where emerging science casts doubt on the reliability of earlier expert testimony.
Judge Bert Richardson, writing in a concurring opinion, said that Roark provides the appropriate “legal basis” to reopen Roberson’s case. “It is correct to stay the execution and remand this case to habeas court for Applicant to develop his claim in an evidentiary hearing,” Richardson wrote. “This is not to say at the end of the day, Applicant is entitled to any relief… but the habeas court is in a much better position on remand to develop a record.”
Not all members of the court agreed. Justice Kevin Yeary, who dissented in part, reiterated his earlier position that the case was not centered solely on shaken baby syndrome. “This is not just a ‘shaken baby’ case,” Yeary wrote, arguing that the State’s main theory focused on blunt force trauma, not SBS.
Justice Gina Parker also dissented, emphasizing that the physical evidence against Roberson was strong. “Any evidence undermining ‘shaken baby’ syndrome would not have helped Applicant,” Parker wrote. “It would have made the jury more confident that Applicant intentionally and knowingly caused the child’s death.”
Political and Public Attention
The CCA’s decision comes after a bipartisan coalition of Texas lawmakers — including State Rep. Jeff Leach (R-Allen) — joined with advocacy groups like the Innocence Project to urge a new review of Roberson’s case.
“Truth and justice win the day,” Leach wrote Thursday morning following the stay order. He has been one of several Republican legislators who have publicly supported reexamining the evidence in Roberson’s case, citing concerns about fairness and scientific accuracy.
Attorney General Ken Paxton’s office, meanwhile, has defended the conviction, releasing documents last year intended to “correct falsehoods amplified by a coalition interfering with the capital punishment proceedings.”
The Broader Implications
The stay of execution and reopening of Roberson’s case could have implications beyond one man’s fate. It reflects a growing acknowledgment in Texas courts that evolving medical science may challenge the foundations of certain past convictions.
Roberson’s legal team has claimed “actual innocence,” arguing that updated medical evidence now provides “a comprehensive explanation” for Nikki’s death that does not involve criminal behavior. They contend that the state’s original “causation theory” — that Roberson’s actions caused fatal injuries — is “invalid because there was no crime.”
For now, Roberson’s execution remains on hold. The CCA’s order sends his case back to a lower habeas court for an evidentiary hearing, where both sides will have an opportunity to present new testimony and scientific evidence.
