A judge has set a new execution date for a Texas man who had been set last year to become the first person in the U.S. to be put to death for a murder conviction tied to a diagnosis of shaken baby syndrome.

Roberson was found guilty in 2003 of murdering his 2-year-old daughter Nikki, but a bipartisan group of lawmakers say the evidence that condemned him

Wednesday’s decision affirms Attorney General Ken Paxton’s request for an October execution date for Roberson, whose case has divided the state’s Republicans.