An unusual legal move has bought more time for a Texas man who was scheduled to be executed tonight.

A bipartisan group of Texas lawmakers who claimed Robert Roberson was actually innocent and should not be executed issued a subpoena for the death row inmate on Wednesday.

On Thursday afternoon, a Travis County judge presided over a court hearing to decide which had more weight and should be respected – a Texas legislative subpoena or a death warrant for execution.

Judge Jessica Mangrum agreed and issued a temporary restraining order to prevent the execution 90 minutes before it was to take place.

Roberson was convicted of murdering his two-year-old daughter. Prosecutors said she died of shaken baby syndrome, but new evidence showed she died of pneumonia, not abuse.

All of Roberson’s appeals were rejected without considering the new evidence.

Texas lawmakers said they subpoenaed Roberson to hear his testimony on the death penalty in Texas. His testimony is scheduled for Monday, October 21 at 12:00 p.m

Meanwhile, a representative for Texas Attorney General Ken Paxton said his office will immediately appeal to the Texas Court of Criminal Appeals and seek a waiver of the injunction so the execution can move forward.

The Texas Department of Criminal Justice said it was awaiting trial results and the execution could take place later Thursday evening. The state has until midnight central time to carry out the death sentence.

This is a developing story that will be updated.