A judge could set a new execution date for no sooner than 90 days from now, though Roberson has a pending appeal.

Attorneys for death row inmate Robert Roberson have filed a formal objection to Texas Attorney General Ken Paxton's request to set an execution date, citing ongoing legal proceedings and compelling new evidence of Roberson's innocence.

On Monday, the Texas Attorney General's Office filed a request seeking a new execution date for Roberson. The next day, Tuesday, Roberson's team filed a motion objecting to the idea of setting a new execution date as Roberson is actively maintaining his innocence.