AUSTIN, TX – The Texas Supreme Court issued an opinion related to the case of death row inmate Robert Roberson.

Roberson was sentenced to death in 2003 for the murder of his 2-year-old daughter. His original execution date was delayed last month when the Texas House Criminal Jurisprudence Committee subpoenaed him to appear at the Texas State Capitol.

“I certainly would like him to have the opportunity to testify before the committee, I think most people do. I think he should be allowed to testify remotely or in person,” the lawyer said of criminal defense Sam Bassett, who is not connected to the case.

Roberson was unable to appear at the hearing, but several testimony was given in his absence regarding a state law that addresses criminal cases involving outdated scientific data.

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“There is a lot of discussion about whether or not his conviction is valid and that has been litigated and probably will continue to be litigated before the Texas criminal justice system, which has the highest criminal court in Texas, which is the Court of ‘criminal appeal,’ Bassett said.

The landmark ruling sparked a legal battle between the state Legislature and the Department of Criminal Justice. The state Supreme Court ruled Friday that lawmakers cannot stop executions through a subpoena.

“What the Supreme Court is saying here is that we do not want to set a precedent that would allow legislative subpoenas to effectively stop an execution that has already been tried in the criminal justice system,” Bassett said.

Co-Chairs Joe Moody and Jeff Leach commented on the decision saying in part “we are grateful for the time and attention the Texas Supreme Court has devoted to this case and the important constitutional issues presented therein.” In holding that a legislative subpoena cannot delay an execution – never our specific intent – ​​the Supreme Court also correctly recognized that our legislative subpoena and this suit were valid.”

Bassett says there are still options to stop the execution.

“Suppose a death warrant is issued in a week or two, there are still three months for people to continue to plead and seek relief from the court and also to seek relief from the governor’s office, either by pardon or by a court. Stay of 31 days,” he said.

As of Friday, November 15, no new execution date had been set.