October 09, 2025
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Texas high court halts Roberson execution, orders review under Roark ‘junk science’ ruling

The Texas Court of Criminal Appeals halted Robert Roberson’s scheduled Oct. 16, 2025 execution and remanded the case to the trial court to reassess the medical evidence in light of the Roark decision and Texas’s 2013 "junk science" law, citing changed medical understanding that shaking alone may not produce the observed bleeding. The stay — the third since 2016 and one that would have made Roberson the first person in the U.S. executed in a shaken‑baby diagnosis case — comes as defense experts, including a joint statement from 10 independent pathologists, contend the child died of illness or accident, while prosecutors and some family members maintain it was abuse.

Legal Crime

📌 Key Facts

  • The Texas Court of Criminal Appeals issued a two-page order halting Robert Roberson’s scheduled Oct. 16, 2025 execution and remanding the case to the trial court for review under its Roark decision and Texas’s 2013 “junk science” law, citing changed medical understanding and a 2024 Dallas shaken‑baby reversal as precedent.
  • The order explicitly directs the lower court to reassess the medical evidence, noting a lack of evidence that shaking alone can produce the type of bleeding observed in the child.
  • Roberson would have been the first person in the U.S. executed in a case tied to a shaken‑baby diagnosis; this is the third time his execution has been stayed since 2016, after prior judicial action and an 'unprecedented' bipartisan Texas legislative intervention nearly a year ago that halted a previous attempt.
  • Defense filings include a joint statement from 10 independent pathologists calling the original autopsy conclusion 'not reliable,' and argue new legal and scientific developments show the child died from illness or accident (pneumonia), not abuse; the defense also alleges undisclosed judicial involvement in authorizing removal of the child from life support.
  • Roberson and his attorney Gretchen Sween maintain his innocence ('I never shook her or hit her'), say an objective review should show there was no crime, and have asked for the trial‑court review to be conducted as quickly as possible though no timeline is set.
  • The Texas Attorney General’s office and some family members continue to assert that abuse occurred; three pediatricians (including two from Yale) wrote an op‑ed arguing the death was child abuse.
  • The court’s reliance on the 2013 'junk science' statute and the 2024 Dallas reversal is notable because that law has not yet produced a new trial for a death‑row inmate, underscoring the significance of Roberson’s remand.
  • A broad coalition supporting a new trial includes liberal and ultraconservative lawmakers, author John Grisham, and one of the original detectives on the case; the defense has also sought clemency or action from the Texas Board of Pardons and Paroles and Gov. Greg Abbott.

📰 Sources (5)

What to know about Texas court's decision to pause Roberson's execution in shaken baby case
ABC News October 09, 2025
New information:
  • AP details that the court leaned on Texas’s 2013 'junk science' law and explicitly cited a 2024 Dallas shaken‑baby reversal as precedent.
  • Notes that the 2013 law has not yet yielded a new trial for a death‑row inmate, underscoring the significance of Roberson’s remand.
  • Identifies a broad support coalition for a new trial, including liberal and ultraconservative lawmakers, author John Grisham, and one of the original detectives on the case.
  • Defense attorney Gretchen Sween says there is no set timeline for the trial court’s review but she will push it 'as fast as possible.'
  • Reiterates that Roberson would have been the first person in the U.S. executed in a case tied to shaken baby syndrome and that this is the third stay since 2016.
Texas High Court Halts Execution in Shaken Baby Case
Nytimes by J. David Goodman October 09, 2025
New information:
  • The Texas Court of Criminal Appeals issued a two-page order halting Robert Roberson’s Oct. 16 execution and remanding the case.
  • The order explicitly directs the lower court to reassess the medical evidence in light of the court’s Roark decision on shaken-baby cases.
  • The court noted changed medical understanding and cited the lack of evidence that shaking alone can produce the type of bleeding observed.
  • Roberson’s attorney Gretchen Sween said an objective review should show there was no crime.
Texas appeals court again pauses execution of Robert Roberson in shaken baby case
PBS News by Juan A. Lozano, Associated Press October 09, 2025
New information:
  • Identifies the court as the Texas Court of Criminal Appeals as the body that granted the latest stay.
  • Includes a direct quote from Roberson asserting innocence: 'I never shook her or hit her.'
  • Notes prior 'unprecedented' bipartisan Texas legislative intervention nearly a year ago that halted a previous execution attempt.
  • States defense efforts have also sought clemency or action from the Texas Board of Pardons and Paroles and Gov. Greg Abbott.
Robert Roberson granted stay of execution
https://www.facebook.com/CBSNews/ October 09, 2025
Texas appeals court again pauses execution of Robert Roberson in shaken baby case
ABC News October 09, 2025
New information:
  • This is the third time since 2016 that Roberson’s execution has been stayed.
  • Roberson was scheduled for lethal injection on October 16, 2025.
  • He would have been the first person in the U.S. executed in a shaken‑baby diagnosis case, per the report.
  • Defense filing includes a joint statement from 10 independent pathologists calling the original autopsy conclusion 'not reliable.'
  • Defense alleges undisclosed judicial involvement in authorizing removal of the child from life support.
  • Texas AG’s office and some family members maintain abuse occurred; three pediatricians (including two from Yale) wrote a Dallas Morning News op‑ed asserting the death was child abuse.
  • Defense argues new legal and scientific developments show the child died from illness/accident (pneumonia), not abuse.