On Wednesday, August 20, 2025, The Texas Tribune reported that Texas death row inmate Robert Roberson filed a petition for a new trial and a stay of execution, alleging unconstitutional actions by the Anderson County Judiciary in his case.

Roberson, convicted in 2003 for the capital murder of his 2-year-old daughter, Nikki Curtis, claims new evidence supports his bid for a retrial. The 125-page petition was submitted to the 3rd District Court in Anderson County.

Roberson was found guilty of killing his chronically ill daughter by violently shaking her before seeking medical attention. The petition asserts that Nikki was removed from life support at the direction of her grandparents, Larry and Verna Bowman, despite Roberson being her sole legal conservator. It alleges that Anderson County Judiciary representatives misrepresented the grandparents as Nikki’s legal conservators to hospital staff at Children’s Medical Center of Dallas, where Nikki was treated. Roberson was arrested for capital murder following her death.

The filing also raises concerns about judicial conduct involving former 3rd District Court Judge Jerry Calhoon. It claims Calhoon improperly signed an order appointing Roberson’s legal counsel, despite his son, Mark Calhoon, serving as a prosecutor in the case.

Jerry Calhoon did not preside over the trial but had overseen a custody dispute between Roberson and Nikki’s grandparents, revoking Roberson’s custody after his arrest. Mark Calhoon later became the 3rd District Court judge in 2007.

The new evidence cited in the petition emerged after state Rep. Lacey Hull, R-Houston, met with representatives from Children’s Medical Center of Dallas in February 2025 to discuss a legislative bill. During the meeting, Hull highlighted Roberson’s sole conservatorship of Nikki. According to her affidavit, hospital representatives appeared unaware that Roberson held legal custody, suggesting they had been misinformed by Anderson County officials about who had authority to withdraw life-sustaining treatment. Hull later informed Roberson’s attorney of this discussion after Attorney General Ken Paxton requested an execution date for Roberson, set for October 16, 2025.

Roberson’s case has drawn significant attention, particularly regarding the diagnosis of shaken baby syndrome, which was central to his conviction. His legal team argues that prosecutors relied heavily on this diagnosis, which has since faced scrutiny. Recent research indicates that symptoms associated with shaken baby syndrome may result from other causes, such as short falls, casting doubt on its reliability as evidence.

In 2024, a bipartisan group of Texas lawmakers, including Hull, advocated for clemency for Roberson ahead of a scheduled execution. Their efforts led to a temporary stay when legislators subpoenaed Roberson for a committee hearing in October, delaying the execution.

Roberson’s petition seeks to overturn his conviction and halt his execution, citing the new evidence and alleged judicial misconduct as grounds for a new trial.

 

 

Source: The Texas Tribune