Execution of Robert Roberson, convicted of “shaken baby syndrome” murder in the death of his 2-year-old daughter come under scrutiny — It may continue, depending on the Texas Supreme Court’s decision on Friday.

Roberson would become the first person executed in the United States for a murder charge diagnosed with shaken baby syndrome on October 17; the court intervened and a State House committee issued a subpoena for Roberson to testify and stayed the execution while legal battles over his fate continued. .

Roberson’s death warrant was only valid until October 17.

Roberson was convicted of murdering her 2-year-old daughter, Nikki, in 2002, based in part on the testimony of a pediatrician who described swelling and bleeding in her brain to support a diagnosis of shaken baby syndrome.

But Roberson The legal team defended More recent evidence has revealed that Nikki had contracted pneumonia and was prescribed respiratory suppressants by doctors in the days leading up to her death, leading to a severe case of viral and bacterial pneumonia that progressed to sepsis and then septic shock.

Roberson has long declared his innocence. His struggle for mercy supported by many state lawmakersMedical and scientific experts and criminal justice advocates have questioned the legitimacy of using the shaken baby syndrome diagnosis in his case based on more recent scientific evidence.

Texas Attorney General Ken Paxton and other state officials argued that “Roberson was legally sentenced to death” and that he had “exhausted all legally available appeals.”

Paxton also argued that the jury did not convict Roberson solely because of shaken baby syndrome, but Roberson’s attorneys said the phrase “shaken baby” was used by prosecutors and witnesses throughout the jury trial.

Texas Supreme Court announces Robert Roberson’s execution can proceed originally appeared abcnews.go.com