Texas court clears the way for the execution of death row inmate

Oct. 17 (UPI) -- The Texas Court of Criminal Appeals on Thursday night reversed an order by a Travis County judge who had issued a temporary restraining order halting the execution of death row inmate Robert Roberson.

"The Court of Criminal Appeals is the court of last resort in this state in criminal matters. This being so, no other court of this state has authority to overrule or circumvent its decisions, or disobey its mandates," the appeals court wrote in its ruling vacating the restraining order.

The move clears the way for Texas to execute Roberson, who was convicted of killing his 2-year-old daughter in 2002. Only Texas Gov. Greg Abbott and the U.S. Supreme Court could potentially stand in the way of his execution, which was scheduled for 7 p.m. EDT.

Roberson's attorneys have asked the Texas Supreme Court to intervene .

The death warrant is only authorized for Oct 17. If the execution does not take place by midnight Thursday, the judge would have to issue a new death warrant.

In a dissenting opinion , Justice David Newell said the court should consider the issues raised in the restraining order.

"Today, the court grants mandamus relief under the theory that a civil court's injunction to enforce a legislative subpoena cannot interfere with the carrying out of a death warrant in a criminal case," Newell wrote in his dissent.

"But I believe the scenario presented in this case is sufficiently distinguishable from our previous cases dealing with the interaction between civil and criminal causes of action that we should file and set the case for an opinion on the issues raised. Because the court does not, I dissent."

The temporary restraining order was requested by a Texas House panel and approved by Travis County Judge Jessica Mangrum.

In an unusual move, the Texas House called for the restraining order to halt Roberson's execution because lawmakers said they needed him to appear before a House panel Monday to determine whether Texas' "junk science law" is working.

Mangrum issued the restraining order, blocking the execution, but the criminal court vacated that order, again clearing the way for the execution proceed. All of this took place in the span of a few hours on Thursday.

So far, despite myriad appeals and legal challenges, the U.S. Supreme Court has declined to intervene in the Roberson case, though left-leaning Justice Sonia Sotomayor released a statement.

"Few cases more urgently call for such a remedy than one where the accused has made a serious showing of actual in­nocence, as Roberson has here," Sotomayor wrote. "Yet this court can grant a stay only if Roberson can show a 'significant possibility of success on the merits' of a federal claim."

Roberson was set to become the first person in the country to be executed in connection with a death related to Shaken Baby Syndrome.

Roberson has long maintained his innocence. The science used to convict him has come under question in recent years to the point where cases have been overturned around the country. The lead detective who helped convict Roberson, Brian Wharton, is now one of the leading advocates asking for his freedom.

Prosecutors in Anderson County, which tried the original case, have said that none of that matters . Evidence in the case remains convincing that Roberson murdered his daughter under Shaken Baby Syndrome and should be executed.

"I'm ashamed that I was so focused on finding an offender and convicting someone that I did not see Robert," said Wharton, who testified Wednesday to the Texas House Committee on Criminal Jurisprudence, according to the Texas Tribune. "I did not hear his voice."

The Texas Board of Pardons and Parole voted unanimously to not offer a clemency application to Roberson on Wednesday, despite a group of bipartisan lawmakers, a rarity in Texas, joining forces to ask for at least a pause on the execution.

In an interview with NBC News on Wednesday, Roberson called on Abbott to step in and stop his execution, maintaining his innocence.

"Look at the support I've got, Mr. Governor, and I'm just hoping, praying that you do the right thing," he said.

The House House Committee on Criminal Jurisprudence committee on Wednesday issued a subpoena for Roberson to testify at a hearing next week, a move meant to obstruct the execution, but it could possibly be ignored by Abbott and the Texas Department of Criminal Justice, which was silent on the procedure Thursday morning.

Roberson's attorney Gretchen Sween, who has maintained that her client's daughter was ill with conditions that explain her death at the time she was hospitalized, said she remains hopeful for an 11th-hour reprieve given the growing support.