Robert Roberson is set to be the first person to be executed in the U.S. based on the largely discredited "shaken baby syndrome" hypothesis unless Texas officials intervene. On Monday, Roberson's attorneys filed an emergency motion asking the Texas Court of Criminal Appeals to halt Roberson's Oct.

Robert Roberson would become the first person in the U.S. to be executed for a conviction made under the “shaken baby syndrome” hypothesis.

The state’s top criminal court declined to stop the impending execution of an East Texas man for reportedly shaking his daughter to death, deviating from a decision made in a similar “shaken baby syndrome” case earlier this week,

The court found scientific opinion about "shaken baby syndrome" has changed, and a man sentenced to 35 years in prison deserves a new trial.