No. 20-6518

Blaine Milam v. Texas

Lower Court: Texas
Docketed: 2020-12-03
Status: Denied
Type: IFP
IFP
Tags: briseno-framework collateral-review court-of-criminal-appeals death-penalty due-process intellectual-disability moore-v-texas retroactive-rule retroactivity substantive-law
Key Terms:
Punishment HabeasCorpus
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Did Moore v. Texas announce a new substantive rule that is retroactive to cases on collateral review?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did Moore v. Texas announce a new substantive rule that is retroactive to cases on collateral review and, if so, did the Texas Court of Criminal Appeals fail to give retroactive effect to Moore when it refused to adjudicate Mr. Milam’s intellectual disability allegations anew under that standard? 2. Did the Texas Court of Criminal Appeals continue to enforce and apply the same unconstitutional framework to Mr. Milam’s intellectual disability claim that this Court condemned in Moore v. Texas? i

Docket Entries

2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-05
Reply of petitioner Blaine Milam filed.
2020-12-21
Brief of respondent Texas in opposition filed.
2020-11-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2021)

Attorneys

Blaine Milam
Jennae Rose SwiergulaTexas Defender Service, Petitioner
Texas
Tomee Morgan HeiningOffice of the Attorney General, Respondent