AUSTIN, Texas — What’s becoming one of the most high-profile courts in Texas is one that some Texans have never heard of.

What You Need To Know

  • The Texas Court of Criminal Appeals is the only court in the state that deals with the death penalty

  • Judges Sharon Keller, Barbara Parker Hervey and Michelle Slaughter joined the 5-4 majority that dismissed Robert Roberson’s legal petition to avoid execution for the murder conviction tied to the diagnosis of shaken baby syndrome of his daughter in 2002. All three also lost their bid for reelection

  • Democrat Holly Taylor is facing Republican David Schenck in the general election to become the court’s presiding judge

  • The two other races for the Texas Court of Criminal Appeals are for Place 7—between Democrat Nancy Mulder and Republican Gina Parker—and for Place 8, between Democrat Chika Anyiam and Republican Lee Finley
 

 “A third of the court that is different starting on Jan. 25, 2025,” said Elsa Alcala, a former judge on the Texas Court of Criminal Appeals.

The Texas Court of Criminal Appeals is the only court in the state that deals with the death penalty. Judges Sharon Keller, Barbara Parker Hervey and Michelle Slaughter joined the 5-4 majority that dismissed Robert Roberson’s legal petition to avoid execution for the murder conviction tied to the diagnosis of shaken baby syndrome of his daughter in 2002.

All three also lost their bid for reelection during the Republican primary election back in March.

Democrat Holly Taylor is facing Republican David Schenck in the general election to become the court’s presiding judge.

Candidates running for a seat on the court are not permitted to talk directly about the Roberson case. Schenck did not respond to our request for comment, but Taylor spoke to Texas Democrats Thursday about what’s at stake.

“I have spent much of my legal career working for the integrity of the criminal justice system,” she said.

After the court denied Roberson’s stay to his execution, state lawmakers stepped in and subpoenaed Roberson to testify. While he hasn’t appeared yet, the move was enough to halt the execution and set a legal precedent.

“We’re kind of in uncharted water here,” said lawyer David Coale.

Late Wednesday, Texas Attorney General Ken Paxton issued a statement condemning lawmakers for interrupting the process.

“I’ve never seen a case go back and forth like this with so many actors,” said Robin Maher, the executive director of the Death Penalty Information Center.

Legal experts not involved in the case say the next steps are uncertain, but the garnered public attention could play a role in whether Roberson is ultimately executed.

“To make sure that how you feel about how the law is being applied is reflected in the vote that you cast,” said Maher.

While Gov. Greg Abbott agreed the Texas Legislature shouldn’t have intervened, Coale thinks he may say more after the election. 

“Before the election, I suspect he’s going to be very reluctant to exercise that power, given how close a number of races are, and how politically charged this issue is,” said Coale.

The two other races for the Texas Court of Criminal Appeals are for Place 7—between Democrat Nancy Mulder and Republican Gina Parker—and for Place 8, between Democrat Chika Anyiam and Republican Lee Finley. None of the judges responded to our request for comment.

It will take just one new judge to tip the scales, which could halt Roberson’s execution.