State Granted More Time to Respond in Robert Roberson Death Penalty Case

Lawyers cite need to untangle 'novel' and extensive material, as well as workload concerns, in request for 60-day extension.

Feb. 3, 2026 at 7:23pm

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A judge has granted the Texas attorney general's office a 60-day extension to deliver a key response in the death penalty case of Robert Roberson, who was convicted of capital murder in 2003 for the death of his 2-year-old daughter. Roberson's legal team has long sought to present evidence they say will prove his daughter died of accidental and natural causes, rather than from 'shaken baby syndrome' as prosecutors alleged. The extension was granted despite objections from Roberson's lead attorney, who argued the case has already faced significant delays.

Why it matters

This case highlights the ongoing debate around 'shaken baby syndrome' as a medical diagnosis, with Roberson's defense team arguing the scientific evidence behind it has been 'definitively refuted.' The outcome could set a precedent for other similar cases where convictions relied heavily on this disputed medical finding.

The details

Roberson was convicted in 2003 of capital murder for the death of his 2-year-old daughter Nikki. His prosecution relied in part on proving Nikki showed symptoms associated with 'shaken baby syndrome,' a medical determination that has since come under intense scrutiny. Roberson's legal team has long sought to present evidence they say will prove Nikki died of accidental and natural causes. The state has argued there is still enough proof of abuse to uphold Roberson's death sentence, but his attorneys have disagreed, saying the scientific evidence behind 'shaken baby syndrome' has been 'definitively refuted.'

  • Roberson was convicted of capital murder in 2003.
  • On Oct. 9, Roberson's third and latest execution date was stayed after the Texas Court of Criminal Appeals sent his case back to district court.
  • In December, Smith County District Judge Austin Reeve Jackson set a deadline of Feb. 6 for the state to respond.
  • Last week, the state requested a 60-day extension, which was granted on Tuesday, pushing the deadline to April 7.

The players

Robert Roberson

A 59-year-old man convicted of capital murder in 2003 for the death of his 2-year-old daughter Nikki.

Gretchen Sween

Roberson's lead attorney, who has argued the scientific evidence behind 'shaken baby syndrome' has been 'definitively refuted.'

Texas Attorney General's Office

The state's legal team, which has argued there is still enough proof of abuse to uphold Roberson's death sentence.

Austin Reeve Jackson

The Smith County District Judge who granted the state's request for a 60-day extension.

Travis G. Bragg

An assistant attorney general who cited the need to untangle 'novel' and extensive material, as well as workload concerns, in the request for an extension.

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What they’re saying

“The CCA's ruling plainly expects prompt further factual development through an evidentiary hearing and a return to that court for a final adjudication of his single claim. Each and every day that justice is deferred is a travesty.”

— Gretchen Sween, Roberson's lead attorney

“This request is not designed to harass the Applicant or cause unnecessary delay in these proceedings. Rather, the time is needed to fully address the claim at issue before the court.”

— Travis G. Bragg, Assistant Attorney General

What’s next

The judge's 60-day extension pushes the state's deadline to respond to April 7, after which the case is expected to move forward with an evidentiary hearing that could lead to a new trial for Roberson.

The takeaway

This case highlights the ongoing debate around 'shaken baby syndrome' as a medical diagnosis, with Roberson's defense team arguing the scientific evidence behind it has been 'definitively refuted.' The outcome could set a precedent for other similar cases where convictions relied heavily on this disputed medical finding.