The state’s highest civil court said it wants a lower court to resolve a separation-of-powers issue raised by a group of Texas lawmakers who subpoenaed the death row inmate the night before he was set to be put to death.

In yet another 11th-hour development in the case of death row inmate Robert Roberson, a splintered Texas Court of Criminal Appeals struck down a lower court’s order halting his execution in a late-night ruling Thursday.