A judge has set a new execution date for a Texas man who had been set last year to become the first person in the U.S. to be put to death for a murder conviction tied to a diagnosis of shaken baby syndrome.

A Texas judge on Wednesday set a new execution date for Robert Roberson, a death row inmate who says he is innocent of murder in the 2002 death of his 2-year-old daughter.

Wednesday’s decision affirms Attorney General Ken Paxton’s request for an October execution date for Roberson, whose case has divided the state’s Republicans.