A judge could set a new execution date for no sooner than 90 days from now, though Roberson has a pending appeal.

Attorneys for death row inmate Robert Roberson have filed a formal objection to Texas Attorney General Ken Paxton's request to set an execution date, citing ongoing legal proceedings and compelling new evidence of Roberson's innocence.

Roberson, 58, was condemned for the 2002 killing of his 2-year-old daughter, Nikki Curtis, in the East Texas city of Palestine. Only the Court of Criminal Appeals can overturn his conviction, and it has so far refused to review Roberson’s innocence claims.