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.

The Texas Supreme Court halted the Oct. 17 execution of a man who would have been the first person put to death for a murder charge tied to shaken baby syndrome. Weeks of public pressure and legal challenges led up to the late-night ruling.