The Texas Court of Criminal Appeals says the science behind Andrew Roark‘a conviction was flawed. Another man on death row, Robert Roberson, is set to be executed this month after being convicted of a similar crime.

Robert Roberson is set to be executed Oct. 17 amid clemency pleas. The Texas man would be the first to face execution based on shaken baby syndrome.

Robert Roberson is set to be the first person to be executed in the U.S. based on the largely discredited “shaken baby syndrome” hypothesis on Oct. 17.

The ruling in the case of Andrew Roark follows a national trend that casts doubt on injuries caused by shaking babies. In 1999, Roark was arrested after the unresponsive child of his girlfriend was taken to the hospital.

Robert Roberson is scheduled to be put to death on Oct. 17 in what would be the nation’s first execution for the now debunked theory. It claimed that violently shaking a baby can result in fatal brain damage but without leaving any other signs of physical trauma like broken bones or neck injuries.