Last-Minute Twists Delay Execution in Shaken Baby Case

The controversial execution of a Texas man convicted in a so-called "shaken baby syndrome" murder case was delayed with 90 minutes to spare before his scheduled lethal injection Thursday night. Roberson has long claimed innocence, and his supporters say the scientific evidence behind his conviction is faulty and that his young daughter actually died of pneumonia. Thursday's twists and turns:

• A group of bipartisan state lawmakers had petitioned the state to grant Robert Roberson clemency, and after that request was denied, they took what NBC News refers to as the "unusual step" on Wednesday of issuing a subpoena for Roberson to testify at a hearing regarding his case next week—an effort to disrupt the execution that worked, at least temporarily.

• On Thursday, a judge granted a temporary restraining order preventing the execution so Roberson could comply with the subpoena, but the Texas attorney general's office immediately appealed that order to the highest criminal court in the state, KETK reports.
• The Texas Court of Criminal Appeals (CCA) quickly sided with the AG and lifted the restraining order, and the lawmakers then appealed to the state Supreme Court, the AP reports. As the Texas Tribune explains, the lawmakers asked the high court to block the execution because the CCA—which handles criminal, not civil matters—has no jurisdiction over the subpoena that was issued to Roberson to testify in a "legislative, non-criminal proceeding."
• Late Thursday, the state Supreme Court temporarily halted the execution, and ordered the lower court to resolve the separation-of-powers issue.
• Texas has until midnight Thursday to carry out the death warrant, Texas Public Radio reports. If the execution does not take place by then, the state must request a new execution date, which must be at least 90 days out from the request.
• Also Thursday, the US Supreme Court declined to hear Roberson's case, though Justice Sonia Sotomayor did urge Texas Gov. Greg Abbott to delay the execution, emphasizing that Roberson "has made a serious showing of actual innocence."

This is a developing story and has been updated with new details throughout the evening. (More Texas stories.)