Judge Reeve Jackson, a visiting judge from Smith County's 114th District Court, set the updated execution date, noting the Court of Criminal Appeals had been sitting on Roberson’s appeal application for five months. Roberson’s attorney argued that the judge couldn’t set a date because his application is still pending.

Judge Austin Reeve Jackson set Robert Roberson's execution for Oct. 16, almost exactly a year after the Texas Supreme Court granted him a stay.