Texas to ask Robert Roberson at the hearing about a new execution date for the death series.

The General Prosecutor of Texas, Ken Paxton, asked last month to ensure that the Anderson County district court plans the new date for Roberson and wrote in an application that “the criteria for the determination of a execution were met”. Paxton requested an execution date on October 16 a year after his execution.

The district judge of Smith County, Austin Reeve Jackson, will hear arguments on the application of the Attorney General.

Roberson's lawyer, Gretchen Sween, accused Paxton beforehand to look for execution without having the legal dispute play.

“Robert was almost wrongly executed last year,” said Sween in a statement in June. “But for the courageous intervention of the Texas legislators of both parties, the worst injustice would have been an irrevocable spot in Texas.”

Paxton, a Republican, had acquired the case of the District Prosecutor of Anderson, Allyson Mitchell, who had completed the public prosecutor's case in recent years. It is unclear why Paxon's office was asked to take over, and his office did not immediately answer a request for a comment on the last execution date.

In the weeks after the execution of Roberson last autumn, Paxton played the criminal case law committee of the house with the legislators of the state. The members had used the refuge of the committee to force Roberson to testify at a hearing – a lawsuit that effectively hired his execution.

But Paxon's office prevented Roberson from appearing personally, and argued that the summons were “procedural defective and therefore invalid”.

In his case in connection with a law on “Junk Science” from 2013, Roberson should testify to question potential convictions based on progress in forensic science in Texas inmates.

Roberson retained his innocence in his daughter's death. In January 2002, Roberson and Nikki fell asleep in their house in East Texas and he woke up later, he said, after hearing a noise and found that the toddler fell out of bed according to court documents.

Later in the morning, when Roberson found that his daughter was passed out and her lips were blue, he hurried her into a local emergency room. He showed little emotions and promoted the suspicion of law enforcement.

Within a day, a police detective Roberson arrested for murder.

The jury in Roberson's trial never heard the extent that Nikki was sick from the day of her birth and that she had been taken to the hospital more than 40 times in her short life. Two days before her death, she registered a 104.5 -degree fever in the doctor's office. She was sent home with her Medicines Phenergan Since then, this has been classified as too dangerous for children – a drug that now has a “Black Box Warning” of the Food and Drug Administration.

Brian Wharton, the detective who arrested Roberson and has been retired since then, has publicly said that he now believes that Roberson was innocent.

In October Lester Holt from NBC News said that he arrested Roberson without knowing Nikki's medical history and that he did not know that Roberson was autistic, which would have explained his lack of emotions. (Roberson was diagnosed in 2018, years after the death of Nikki, an autism spectrum disorder.)

While doctors and law enforcement agencies came to the conclusion that Nikki was killed as a result of a violent Shaking episode, Roberson's defense team shows a new understanding of the “Shaken Baby Syndrome” that other diseases of the disease can be factors in the death of a child, as it believes that it was death in Nikki's death.

However, Paxton is that Adamant Roberson is guilty of murder.

In a list of reasons published on X in October to “make the record clear”, he argued that the father murdered his daughter by beating her so brutally that she finally died. “