The execution of a Texas man convicted of killing his 2-year-old daughter under a disputed shaken baby syndrome diagnosis was put on hold Thursday hours before he was scheduled to die when Texas lawmakers demanded he appear at an upcoming hearing.

The Texas Supreme Court halted the scheduled lethal injection late Thursday after both the U.S. Supreme Court and the state Court of Criminal Appeals rejected appeals to do so earlier in the day.

The Texas Board of Pardons and Paroles had previously unanimously declined to recommend clemency or grant Robert Roberson a 180-day reprieve from his death sentence. In a last-ditch effort on Wednesday, his lawyers filed a petition to the U.S. Supreme Court to stay his execution and consider whether the Texas Court of Criminal Appeals denied Roberson due process by refusing to consider new evidence of his innocence.

U.S. Supreme Court Justice Sonia Sotomayor noted in a statement that mounting evidence suggests Robertson committed no crime at all.

Few cases more urgently call for such a remedy than one where the accused has made a serious showing of actual innocence, as Roberson has here, Sotomayor wrote in the statement. Yet this court can grant a stay only if Roberson can show a significant possibility of success on the merits of a federal claim.

Sotomayor said Robersons fate is now up to Texas authorities and specifically in the hands of Gov. Greg Abbott, who could have granted him a 30-day reprieve, which he did not do.

In an unusual turn of events, a subpoena from the Texas House Criminal Jurisprudence Committee had halted Robersons execution just before it was scheduled. The committee, made up of five Republicans and four Democrats , unanimously voted on Wednesday night to subpoena Roberson, 57, to testify on Oct. 21 .

Its an unprecedented subpoena and an unprecedented case, Benjamin Wolff, director of the Texas Office of Capital and Forensic Writs, told the Texas Tribune on Wednesday.

The committees argument that Roberson could not be executed while he was under subpoena went before a judge on Thursday, who agreed and issued a temporary restraining order.