A Travis County judge delayed the Thursday execution of Robert Roberson, who was scheduled to be put to death in Texas after being convicted of murder in a case related to shaken baby syndrome.
But the ruling is expected to be appealed by the Texas Attorney General’s Office.
A Texas House committee had requested the stay so that Roberson could testify at a hearing in his case next week.
Roberson was convicted and sentenced to death for the 2002 killing of his 2-year-old daughter, Nikki Curtis.
RELATED STORY | Texas intends to execute Robert Roberson, whose attorneys claim he was wrongly convicted
Prosecutors allege Roberson abused his daughter and violently shook her to death, leading to the "shaken baby syndrome" diagnosis.
Roberson's attorneys claim he was wrongly convicted. His defense now points to undiagnosed pneumonia as his daughter's cause of death — claiming Nikki stopped breathing in her sleep.
Wednesday the Texas Board of Pardons and Paroles denied a request for clemency for Roberson.
On Thursday the U.S. Supreme Court declined to halt the execution. Justice Sonya Sotomayor wrote urging Texas Gov. Greg Abbott to issue a 30-day delay in Roberson's case.
This is a developing story and will be updated.
