Roberson - who was convicted in the death of his two-year-old daughter, Nikki Curtis - is hoping to be the fourth Texan shown leniency, though he has lost multiple appeals in state courts.

The state’s highest civil court said it wants a lower court to resolve a separation-of-powers issue raised by a group of Texas lawmakers who subpoenaed the death row inmate the night before he was set to be put to death.