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LEGAL NEWSLINE

Monday, November 18, 2024

Texas Supreme Court rules against delaying child murderer's execution

State AG

Attorney General Ken Paxton has secured a significant legal victory at the Texas Supreme Court, effectively halting an effort by activists and some state legislators to delay the execution of Robert Roberson. Roberson was convicted of murdering his two-year-old daughter in 2002 and was scheduled for execution in October 2024.

In an unusual procedural move, members of the Texas House attempted to subpoena Roberson to testify before their committee after his scheduled execution date. The legislative committee subsequently filed a lawsuit to enforce this subpoena, which was intended to postpone the execution. However, the Texas Supreme Court ruled that such a subpoena could not interfere with a lawfully ordered execution. The court stated, “Legislative investigatory power, even at its maximum, is insufficient to forestall a long-scheduled execution under the circumstances presented here.”

Attorney General Paxton commented on the ruling: “The rule of law prevailed against bad-faith political actors who schemed to undermine the justice system in Texas. Jeff Leach and his associates violated the separation of powers enshrined in the Texas Constitution: they conspired to block the lawful execution of a man convicted of murdering his two-year-old daughter, Nikki. Ensuring justice for murder victims is one of my most sacred responsibilities as Attorney General, and we fought every step of the way for her.”

The process also involved other controversial actions. Representative Jeff Leach, chairman of the House Committee on Judiciary and Civil Jurisprudence, admitted publicly to breaching ethics by sending "ex parte" communications aimed at influencing a judge on the Court of Criminal Appeals.

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