An unusual legal move has bought more time for a Texas man who was set to be executed this evening.

A bipartisan group of Texas lawmakers, who said Robert Roberson was actually innocent and shouldn’t be executed, issued a subpoena on Wednesday for the death row inmate.

On Thursday afternoon, a Travis County judge presided over a court hearing to decide which carried more weight and should be honored — a Texas legislative subpoena or a death warrant for execution.

Judge Jessica Mangrum agreed and granted a temporary restraining order to prevent the execution 90 minutes before it was to be carried out.

Roberson was convicted of the capital murder of his 2-year-old daughter. Prosecutors said she died from shaken baby syndrome but new evidence showed she died from pneumonia and not abuse.

All appeals for Roberson were rejected without considering the new evidence.

Texas lawmakers said they subpoenaed Roberson to hear his testimony on Texas capital punishment. He is scheduled to testify on Monday, Oct. 21, at 12:00 p.m.

Meanwhile, a representative for Texas Attorney General Ken Paxton said his office would immediately appeal to the Texas Criminal Court of Appeals seeking relief from the temporary restraining order so they can move forward with the execution.

The Texas Department of Criminal Justice indicated it will wait for results of the legal proceedings and the execution could occur later Thursday evening. The state has until midnight central time to carry out the death warrant.