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The Texas Supreme Court said Friday that the execution of a man convicted of murder in the 2002 death of his two-year-old daughter can move forward, even as a state House committee tries to subpoena the man for his testimony as bipartisan members fighting to spare his life.

Robert Roberson, 57, was scheduled to be executed in October, but a state House committee used its investigative powers and issued a subpoena for Roberson’s testimony, leading the Supreme Court to temporarily halt the execution so it could consider the request.

Friday’s decision clears the way for a new execution date to be set by a state court judge.

Roberson’s conviction was based on allegations that his daughter, Nikki Curtis, died of shaken baby syndrome, a diagnosis his attorneys say is incorrect.

“Categorically prioritizing a legislative subpoena over a scheduled execution … would become a powerful legal tool that could be deployed not only to obtain necessary testimony but also to prevent an execution,” the Texas Supreme Court decision said .

Roberson’s attorney, Gretchen Sween, asked the state in a statement to refrain from setting a new execution date given “the overwhelming new evidence of innocence.”

“The additional benefit to Mr. Roberson of delaying his execution hopefully gives time to those with the power to address a grave error and see what is clear to anyone who honestly considers the medical evidence: death of his daughter Nikki was a tragedy, not a crime ; Robert is innocent,” Sween said, noting that even the lead detective on the case is convinced her client “was hastily and wrongly convicted as guilty.”

Roberson says he is innocent. His lawyers and advocates insist that the diagnosis that his daughter died of shaken baby syndrome is inaccurate.

While child abuse pediatricians continue to insist on the validity of the shaken baby syndrome diagnosis, Roberson’s attorneys say there is ample evidence that his daughter did not die from child abuse.

The stay of Roberson’s execution was triggered last month when lawmakers on the Texas Committee on Criminal Jurisprudence voted to subpoena Roberson as they considered the legality of his conviction.

Friday’s decision said Roberson’s testimony before the House committee could take place before the new execution date. A new date has not been set.

“If the committee still desires to obtain his testimony, we believe the department could reasonably grant a new subpoena,” the Supreme Court decision said.

“To the extent that no adjustment is made, so long as a subpoena is issued in a manner that does not inevitably block a scheduled execution, there is nothing in our possession to prevent the committee from taking legal action in the ordinary course to compel the testimony of a witness . ”

The state Supreme Court’s stay last month halted Roberson’s execution just over an hour before his death sentence was set to expire at midnight on Oct. 17. It followed a remarkable series of legal maneuvers as the state and Roberson’s lawyers fought over his fate.

In a statement Friday, state Reps. Joe Moody and Jeff Leach said delaying the execution was not their intention, and the court’s ruling “strongly reinforced our belief that our committee can indeed obtain Mr. Roberson’s testimony and made clear that they of the executive branch expects the government to accommodate us.”

Roberson would have become the first person in the US to be executed for a conviction based on a charge of shaken baby syndrome.

While child abuse pediatricians fiercely defend the legitimacy of the diagnosis, Roberson’s advocates say the courts have yet to consider sufficient evidence that his daughter did not die of a murder, but of a variety of causes, including a disease and medications now deemed inappropriate are considered for such a morbid life. child.

Roberson’s attorneys have argued that his due process rights were violated when the Texas Court of Criminal Appeals refused to consider additional evidence that the inmate said would support his claim of innocence.

Roberson’s claim of innocence underlines the inherent risk of the death penalty: a potentially innocent person could be prosecuted dead. Since 1973, at least 200 people — including 18 in Texas — have been exonerated after being sentenced to death, according to the Death Penalty Information Center.

This is a developing story and will be updated.