Robert Roberson’s execution was halted by the Texas Supreme Court following a legislative subpoena

The Texas Supreme Court halted the execution of Robert Roberson late Thursday night, just two hours after his death sentence expired.

The verdict came after a legal battle over Roberson’s life. Earlier in the evening, a Travis County district judge granted a stay of execution, which was quickly overturned by the Texas Court of Criminal Appeals at the request of Texas Attorney General Ken Paxton. However, the Texas Supreme Court stepped in and stopped the execution again.

The reprieve follows a subpoena from a bipartisan group of Texas House members demanding Roberson testify next week – after his scheduled execution – about the use of “junk science” in his sentencing. Roberson was sentenced to death for the 2002 death of his two-year-old daughter Nikki Curtis with the controversial diagnosis of shaken baby syndrome

According to the Associated Press, the Texas Supreme Court argued that executing Roberson before he could give subpoenaed testimony would violate the legislature’s constitutional authority.

Now Roberson will give his testimony on Monday.

A group of lawmakers from both parties, medical experts and even the detective who helped convict Roberson have argued that new evidence in the case suggests that Nikki died as a result of severe pneumonia and her death is being falsely reported Abuse was depicted.

“This is an innocent man. And in this case there is too much doubt,” said Democratic Rep. John Bucy. “I agree that this is a unique decision today. We know this is not a done deal. He has a unique experience to share and we need to hear that testimony in committee on Monday.”

Lawmakers have previously pushed Gov. Greg Abbott to grant Roberson a pardon. However, the state Board of Pardons and Parole voted unanimously not to recommend a pardon, and the governor cannot issue a pardon without the board’s recommendation. However, Abbott can still grant a 30-day reprieve, which could give the pardon board time to reconsider the case.

“Under these circumstances, a stay that allows for consideration of Roberson’s credible claims of actual innocence is imperative; Yet this court is unable to grant it,” U.S. Supreme Court Justice Sona Sotomayor wrote in a statement. “That means there remains only one path to relief: a stay of executive power.”

“This could prevent a miscarriage of justice: the execution of a man who has provided credible evidence of his actual innocence,” she added.

Abbott has not commented publicly on the case. He has only prevented one threatened execution in nearly a decade as governor.