Days before his execution, the Texas Court of Criminal Appeals on Thursday sent the case of death row inmate Robert Roberson back to his trial court, granting a stay of execution to a man who claims he is innocent in the murder of his 2-year-old daughter, Nikki Curtis.
The order says the court found Roberson’s claim – that he should get relief in light of the appeals court’s decision last year to overturn a conviction similarly based on an allegation of shaken baby syndrome – was satisfied. As a result, “we remand the claim to the trial court for resolution,” the order says.
There remains consensus among pediatricians that the diagnosis of shaken baby syndrome – now considered a subset of abusive head trauma – is legitimate. But Roberson’s supporters argue shifts in the understanding of the causes of symptoms Nikki displayed shortly before her death, along with mounting new evidence, prove his innocence or at least warrant a new trial.
This is a developing story and will be updated.
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