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.

The Texas Court of Criminal Appeals has denied Roberson's requests to reconsider its ruling and a stay of execution.

The state’s top criminal court has been inconsistent on shaken baby syndrome rulings, Supreme Court Justice Sonia Sotomayor wrote.