Legal documents show the Texas Court of Criminal Appeals vacated the conviction of Andrew Roark on Oct. 9 but then denied a request by Roberson's attorneys.

As the battle between the Texas House and the state's attorney general's office over the in-person testimony of inmate Robert Roberson continues, it opens the possibility of a new outcome from the Court of Criminal Appeals as one-third of the judges will not return to the bench.

After hearing more than nine hours of testimony Monday on Robert Roberson’s case, the House Criminal Jurisprudence Committee stood at ease — instead of adjourning — as lawmakers worked to get the death row inmate to appear in person in Austin.