Texas Attorney General Ken Paxton filed a motion in the Supreme Court of Texas asking the court to dismiss its Thursday order delaying the execution of Robert Roberson III. The order, which came late Thursday night,

The last-minute decision comes in response to a legal maneuver in which a House committee voted to subpoena Roberson after his scheduled death.

The stay came mere hours before Robert Roberson was poised to become the first person in the U.S. executed for a murder conviction linked to shaken baby syndrome.