Texas legislators held a daylong hearing Wednesday examining the evidence and hearing expert testimony in the case of Robert Roberson, the East Texas man who could become the first in the country to be put to death for the disputed “shaken baby syndrome” theory.

The Texas Board of Pardons and Parole’s six members voted unanimously to deny the request. The decision came as lawmakers raised concerns that the courts were not properly implementing a groundbreaking 2013 “junk science” law that was intended to provide justice to people convicted based on scientific evidence that has since changed or been debunked.

The action by the Texas Court of Criminal Appeals comes one day before Texas inmate Robert Roberson is scheduled for execution.

Texas is set to execute Robert Roberson Thursday despite all evidence indicating he was wrongfully convicted for his 2-year-old daughter's death.

The clemency petition filed Sept. 17 asked for Roberson’s death sentence to be commuted, or the execution delayed 180 days to allow the board and Gov.

The Texas Board of Pardons and Paroles unanimously denied Robert Roberson’s request for clemency, one day out from his scheduled execution. If he is executed in Huntsville on Thursday, Roberson will be the first person in the nation to be executed in a shaken baby syndrome case.

The state’s top criminal court declined to stop the impending execution of an East Texas man for reportedly shaking his daughter to death, deviating from a decision made in a similar “shaken baby syndrome” case earlier this week,

Texas death row inmate Robert Roberson lost one of his final appeals on Friday. The Texas Court of Criminal Appeals refused to stop his Oct. 17 execution.