Robert Roberson’s Story
CIFS Represents Logan in a Wrongful Conviction Case
Case Overview
Robert Roberson, an innocent man for whom CIFS has written numerous amicus briefs, is on death row in Texas. In 2002, Robert found his 2-year-old daughter, Nikki, injured after falling out of bed. He rushed her to the hospital, where she was unable to be revived. Doctors would later testify that she was a victim of Shaken Baby Syndrome. But as science has evolved, we now know that Nikki likely died from pneumonia and drugs prescribed to her that suppressed her breathing. Robert has been on death row in Texas for over 20 years.
Execution Paused Just in Time
Robert was scheduled to be executed on October 17th, 2024. After a day of testimony on October 16th, the Texas House Committee on Criminal Jurisprudence issued a subpoena for Robert to testify in front of them on October 21st, in an unprecedented attempt to halt his execution on the 17th. A court battle with the Texas Attorney General’s Office ensued. Ultimately, through extraordinary efforts by Robert’s lawyers, CIFS, Texas lawmakers, and countless advocates, Robert’s pending execution was paused, right before he was scheduled to be killed.
CIFS’ Executive Director, Kate Judson testified during a proceeding for the Texas House Committee on Criminal Jurisprudence in Robert’s proceedings in 2024 along with author John Grisham, a juror from Robert’s trial, and Robert’s attorney, Gretchen Sween. Kate provided key insight about SBS based on her years of experience in these types of cases. Robert’s case was of particular interest to use because he would have been the first person ever executed in the US based on the SBS hypothesis.
Execution Rescheduled, then Stayed Again
The fight ensued and Robert was never able to testify for the committee. On July 16th, 2025, Smith County District Judge Austin Reeve Jackson allowed the scheduling of Robert Roberson’s new execution date following a request from the Texas Attorney General’s Office. Robert’s execution date was scheduled for October 16th, 2025, almost one year to the day from his previous execution date. Days after the new date was set, Robert’s legal team filed motions for emergency stay of execution and oral argument, both highlighting that Robert has pending appeals in the Texas Court of Criminal Appeals and this new execution date creates needless pressure to reach a decision in this case.
One week before his scheduled execution, the Texas Court of Criminal Appeals granted a stay of execution and sent his case back to the trial court for further review. In part, the decision reads:
“On the Court’s own initiative, we reopen the -05 habeas application and, after finding that Applicant’s sole claim—that “Ex parte Roark Establishes That [Applicant] Is Entitled To Relief [U]nder Article 11.073”—satisfies the requirements of Article 11.071, Section 5, we remand the claim to the trial court for resolution.”
We are very grateful for this outcome and currently wait for trial court proceedings to be scheduled. We continue to consult on Robert’s case when needed. We continue to consult on Robert’s case when needed.
To learn more about the history of Robert’s case, listen to the Wrongful Conviction Podcast episode dedicated to his story.