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.

The Texas Supreme Court has ruled that the execution of Robert Roberson, convicted in his daughter’s “shaken baby” death, can’t be stopped by a legislative subpoena, after lawmakers made a last-ditch effort to pause the process.

Robert Roberson has gained bipartisan from lawmakers and medical experts who say he was convicted on faulty evidence of the shaken baby diagnosis.