The Texas Supreme Court on Friday denied a state house committee’s attempt to delay the execution of a man convicted of murder in the 2002 death of his 2-year-old daughter, clearing a path for a new execution date.

Robert Roberson, 57, was set to be executed in October, but a state house committee, using its investigatory powers, issued a subpoena for Roberson’s testimony, which led the state Supreme Court to temporarily halt the execution so it could consider the request.

Roberson’s conviction relied on allegations that his daughter, Nikki Curtis, died of shaken baby syndrome, a diagnosis his attorneys argue has since been discredited.

“Categorically prioritizing a legislative subpoena over a scheduled execution … would become a potent legal tool that could be wielded not just to obtain necessary testimony but to forestall an execution,” the Texas Supreme Court decision said.

Roberson says he is innocent. His attorneys and advocates insist the diagnosis that his daughter died from shaken baby syndrome is inaccurate and has been discredited.

While child abuse pediatricians remain firm on the validity of the shaken baby syndrome diagnosis, Roberson’s attorneys say there is ample evidence his daughter did not die of child abuse.