Nov 15, 2024
AUSTIN, Texas (KETK) - The Texas Supreme Court denied a petition from the Texas House of Representatives on Friday and ruled that a committee subpoena can't block a scheduled execution like Robert Roberson's was on Oct. 17. Texas Supreme Court halts execution of East Texas man accused in shaken baby syndrome case The Texas House of Representatives Committee on Criminal Jurisprudence had asked the court for a writ of mandamus that would stop the Texas Department of Criminal Justice from executing East Texan Robert Roberson before he could testify in person or before the start of the 89th Texas Legislature on Jan. 14, 2025. The court has denied that request and an opinion written for the court by Texas Supreme Court Justice Evan A. Young said the following: "We conclude that under these circumstances the committee’s authority to compel testimony does not include the power to override the scheduled legal process leading to an execution. We do not repudiate legislative investigatory power, but any testimony relevant to a legislative task here could have been obtained long before the death warrant was issued—or even afterwards, but before the execution." EXCLUSIVE: Nikki Curtis’ family breaks silence on Roberson hearings The court initially upheld an order blocking Roberson's execution for his death sentence in the case of the death of his two-year-old daughter Nikki Curtis but now they've cleared a path for a new death warrant to be issued and a new execution to be scheduled. However, they added that there's still plenty time for the TDCJ to bring Roberson to testify before the committee. Texas House proceeds with hearing over Robert Roberson’s case– without his testimony "There remains a substantial period between now and any potential future rescheduling of Roberson’s execution. If the committee still wishes to obtain his testimony, we assume that the department can reasonably accommodate a new subpoena. To the extent that an accommodation is not forthcoming, so long as a subpoena issues in a way that does notinevitably block a scheduled execution, nothing in our holding prevents the committee from pursuing judicial relief in the ordinary way to compel a witness’s testimony. We are confident that such a resort to the judiciary will not be needed. Nothing in our opinion expresses any view with respect to other processes—such as those that are available in the criminal courts—that might affect the timing of any execution. Without hearing oral argument, we deny the committee’s petition for writ of mandamus. Today’s decision supersedes our order of October 17, 2024, which has no further effect." Texas Supreme Court Justice Evan A. Young Robert Roberson’s brother maintains his innocence with new letter Any future death warrant would have to be requested by the Anderson County District Attorney's Office at least 90 days after Roberson's previous execution date. Click here to read the committee's petition and click here to read Justice Young's opinion.
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