The Texas Supreme Court on Friday said the execution of a man convicted of murder in the 2002 death of his 2-year-old daughter could move forward, even as a state house committee seeks to subpoena the man for his testimony and its bipartisan members fight to spare his life.

The Texas Supreme Court cleared the way on Friday for the southern US state to set a new execution date for an autistic man convicted in a problematic "shaken baby" case.

Robert Roberson has gained bipartisan from lawmakers and medical experts who say he was convicted on faulty evidence of the shaken baby diagnosis.

Texas lawmakers exceeded their power when they intervened last month to stop the execution of Robert Roberson by summoning him to testify, the court found.

Roberson was convicted of killing his 2-year-old daughter in a “shaken baby” case that many say led to an innocent man’s death sentence.

The Texas Supreme Court has ruled that the execution of Robert Roberson, convicted in his daughter’s “shaken baby” death, can’t be stopped by a legislative subpoena, after lawmakers made a last-ditch effort to pause the process.

The Texas Supreme Court on Friday said the state could set a new execution date for a man convicted of murdering his toddler on evidence of "shaken baby syndrome," ruling that a legislative committee exceeded its authority in delaying the sentence.

The unanimous decision frees the state to reset Robert Roberson's execution date but suggests lawmakers may still be able to hear his testimony.

The Texas House Committee on Criminal Jurisprudence summoned Roberson to testify about his case, which successfully stayed his October execution with help from the Texas Supreme Court. But the high court says the House overstepped it's authority.

The Texas Supreme Court on Friday cleared the way for 57-year-old Robert Roberson to become the first person in the U.S. to be executed for a "shaken baby syndrome" murder. A jury convicted Roberson of killing his 2-year-old daughter in 2002.