In yet another 11th-hour development in the case of death row inmate Robert Roberson, a splintered Texas Court of Criminal Appeals struck down a lower court’s order halting his execution in a late-night ruling Thursday.

A judge granted a request to delay the execution of a man scheduled to become the first person in the U.S. put to death for a murder conviction tied to a diagnosis of shaken baby syndrome.

The stay came mere hours before Robert Roberson was poised to become the first person in the U.S. executed for a murder conviction linked to shaken baby syndrome.