Texas state lawmakers subpoenaed Roberson to testify in a bid to block his execution in a case centered on “shaken baby syndrome” science that has since been refuted.

In yet another 11th-hour development in the case of death row inmate Robert Roberson, a splintered Texas Court of Criminal Appeals struck down a lower court’s order halting his execution in a late-night ruling Thursday.

HOUSTON — The Texas Board of Pardons and Paroles on Wednesday denied a request for clemency for Robert Roberson, who could be the first person in the U.S. executed for a murder conviction tied to the diagnosis of shaken baby syndrome.