Attorneys for Texas death row inmate Robert Roberson are making a fresh legal push for an evidentiary hearing nearly a year after his execution was last halted, this time using a recent court ruling in another high-profile capital case as their foundation.
Lead attorney Gretchen Sween filed court documents asking Smith County District Judge Austin Reeves Jackson to schedule a hearing date as soon as possible. The filing references a September 24 decision by the Texas Court of Criminal Appeals in the case of death row inmate Melissa Lucio as a critical reason to act quickly.
The appellate court denied Lucio relief after her case had been sent back for further factual development. A central issue cited repeatedly in that ruling was that Lucio had failed to present live witness testimony during the remand process.
Roberson’s legal team is arguing that the Lucio decision underscores exactly why a live evidentiary hearing in their client’s case is urgently needed. Unlike standard court proceedings an evidentiary hearing allows both sides to call witnesses and present evidence directly before a judge who then determines whether additional legal action is justified.
The Lucio ruling came roughly two years after the trial judge in her case declared her actually innocent and recommended her conviction be overturned. The appellate court’s rejection of her appeal despite those findings has sent a clear signal to defense attorneys across Texas about the importance of live testimony in post-conviction proceedings.
Roberson was convicted in the 2002 death of his two-year-old daughter Nikki Curtis in Palestine, Texas. His case gained national attention last year when the Texas Legislature intervened to delay his scheduled execution while lawmakers sought to question him about shaken baby syndrome science that was central to his conviction.
Supporters and medical experts have argued that Nikki’s death may have been caused by an undiagnosed medical condition rather than abuse. Prosecutors have maintained that the evidence against Roberson was sufficient to support his conviction and sentence.
The request for a hearing date now sits before Judge Jackson with Roberson’s attorneys pressing for action before any further legal deadlines complicate the case. The outcome of the scheduling request could significantly shape the next phase of Roberson’s long-running legal battle against his conviction and death sentence.