Austin attorney Gretchen Sims Sween in May 2023 filed a petition for a writ of certiorari asking the U.S. Supreme Court to conduct plenary review or summarily reverse the Texas Court of Criminal Appeals’ decision in January to uphold the conviction of Robert Roberson.
In 2002, Roberson was charged with capital murder in the death of his two-year-old daughter, Nikki. At trial, Roberson argued that Nikki had fallen out of bed, resulting in subdural bleeding. The State argued that Nikki’s death was the result of Shaken Baby Syndrome. The court agreed, and Roberson was sentenced to death.
Robert Roberson in court Aug. 14, 2018. Photo by Shelby Knowles, The Texas Tribune.
Days before he was scheduled for execution in 2016, the CCA granted a stay of execution based on a filing from Roberson contesting the validity of the SBS testimony.
In 2013, the Texas Legislature had passed Article 11.073 of the Texas Code of Criminal Procedure. According to the statute, relief on an application for a writ of habeas corpus may be granted under various circumstances. Roberson’s application for a writ of habeas corpus was filed under the article’s paragraph d: