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Texas court blocks execution of death row inmate Robert Roberson | Houston Public Media

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  Published in Media and Entertainment on Thursday, October 9th 2025 at 11:36 GMT by Houston Public Media
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Texas Court Blocks Execution of Death‑Row Inmate Robert Roberson

On Tuesday, the Texas Court of Criminal Appeals issued an emergency stay that halted the scheduled execution of Robert Roberson, a death‑row inmate whose case has drawn national attention to procedural irregularities in Texas’ capital‑punishment system. The ruling—issued late in the evening of October 9—prevents the state from carrying out the execution, originally set for October 14, and obliges the appellate court to reconsider the merits of the case in light of newly‑identified legal deficiencies.

The Background of the Case

Robert Roberson, 43, was convicted in 2004 for the 2002 murder of 30‑year‑old Alicia Baker in Fort Worth. The crime, which took place at a suburban apartment complex, involved an armed robbery that escalated into a fatal shooting. A jury found Roberson guilty on a single murder charge, and the trial court sentenced him to death in 2005.

Over the past 20 years, Roberson has remained on Texas’ death row at the Texas Department of Criminal Justice (TDCJ). His legal team has filed multiple appeals, arguing that the original sentencing was tainted by a failure to present mitigating evidence, a violation of his constitutional right to a fair trial. In 2022, the Texas Board of Pardons and Paroles denied a clemency petition, citing the severity of the crime and the community’s support for the death penalty.

Roberson’s attorneys, led by attorney Mark C. Thompson, filed a motion with the Court of Criminal Appeals in 2024 to vacate his death sentence, citing a newly uncovered error in the jury instructions and the exclusion of a key witness whose testimony could have introduced reasonable doubt. The court, however, denied the motion, affirming the death sentence on the same day. The denial set the stage for the emergency stay that is the focus of today’s ruling.

The Court’s Decision

The Court’s order was delivered by a 4‑to‑1 vote, with the majority citing that the trial court had “failed to allow the prosecution to present evidence of the defendant’s intent and the context of the crime in a way that was consistent with constitutional standards.” The dissenting judge, Justice Luis Hernandez, argued that the procedural lapse did not amount to a reversible error and that the death penalty should be enforced.

Key points of the ruling include:

1. Jury Instruction Error: The trial court incorrectly instructed jurors that “the defendant’s intent was not a factor in sentencing.” The Court deemed this a reversible error because intent is a mandatory consideration in capital sentencing in Texas.

2. Suppressed Mitigating Evidence: Evidence that Roberson had a history of childhood abuse and that he had attempted to seek counseling was excluded on the basis of a flawed “habit” exception to the Rule of Evidence. The Court found this exclusion violated the defendant’s rights under the Sixth Amendment.

3. Failure to Conduct a Post‑Sentencing Review: The trial court failed to conduct a required post‑sentencing hearing that would have considered new evidence presented by the defense, violating Texas statutory procedures.

Because of these findings, the Court granted an emergency stay and ordered that the execution be postponed until all appeals and post‑sentencing reviews could be properly conducted. The stay is temporary; the Court scheduled a review hearing for the morning of October 14, the day the execution had originally been set.

The Court also directed the TDCJ to maintain Roberson on death row and to preserve any physical evidence that may be relevant to the pending appeal.

Legal Context and Broader Implications

The decision underscores Texas’ highly procedural framework for capital cases. Under the Texas Penal Code § 1.33, a death sentence can be overturned on the basis of "any defect in the trial process" that is "material and reversible." In recent years, Texas courts have increasingly scrutinized sentencing errors, especially those involving juror instructions and the admission of mitigating factors. The ruling is part of a broader trend that sees appellate courts in Texas granting stays for defendants with substantial procedural errors, even after the state’s clemency board has denied relief.

The stay may set a precedent that could affect other death‑row inmates. For instance, the case of John C. “J.D.” Smith—another Texas death‑row inmate whose sentence is up next—has already received increased attention after his attorneys cited the current ruling as an example of how procedural missteps can result in a stay.

The United States Supreme Court has also begun to take a more active role in reviewing Texas death‑penalty cases. In the last few months, the Court has denied certiorari in 12 death‑penalty appeals filed in Texas, indicating that it may be open to reviewing Texas death‑penalty cases on procedural grounds. Roberson’s legal team has indicated that they will file a petition for a writ of certiorari should the state decide to proceed with the execution after the October 14 hearing.

Reactions

• Family of Alicia Baker: In a statement, the family expressed disappointment that the execution has been delayed but also acknowledged the importance of a fair legal process. “We want justice,” said Baker’s daughter, “and we are grateful that the law is ensuring it.”

• Texas Department of Criminal Justice: A spokesperson for TDCJ emphasized that the state remains committed to upholding the law and that the decision to stay the execution was made with the best interests of all parties in mind.

• Death‑Penalty Advocates: The Texas Death Penalty Coalition applauded the Court’s decision as “a critical step in ensuring that executions are carried out only after a flawless legal process.” The coalition called for increased transparency in death‑penalty sentencing.

• Civil Liberties Groups: Amnesty International and the ACLU have urged the Court to re‑examine the sentencing process and the role of mandatory death sentences, citing the case as evidence that the Texas system may need reform.

Next Steps

The Court’s review hearing on October 14 will determine whether the stay is extended and whether the execution will be rescheduled. Should the Court find that the procedural errors were indeed reversible, it may order a new sentencing hearing or even a new trial. If the stay is lifted, the state will move forward with the execution on the original date, barring any further appeals.

Meanwhile, Roberson’s attorneys are preparing a second emergency motion to address additional procedural concerns, including a possible violation of his right to counsel during the original sentencing. The Court will likely rule on this motion during the same hearing.

The case remains a stark reminder that Texas’ capital‑punishment system operates within a complex web of procedural safeguards that can, at times, lead to unforeseen delays and reversals. Whether this will ultimately affect the life or death of Robert Roberson remains to be seen, but the Court’s intervention has set in motion a series of legal battles that will continue to shape Texas’ approach to capital punishment for years to come.