Punishment
Whether an ALWOP sentence on an intellectually disabled adult convicted of capital murder as provided by Texas Penal Code Section 12.31(a)(2) a statutory scheme that categorically precludes consideration of the offender's intellectual disability or any other mitigating circumstances violates the Eighth Amendments' prohibition against cruel and unusual punishments?
question presented by Avalos is: Whether an ALWOP sentence on an intellectually disabled adult convicted of capital murder as provided by Texas Penal Code Section 12.31(a)(2) a statutory scheme that categorically precludes consideration of the offender’s intellectual disability or any other mitigating circumstances violates the Eighth Amendments’ prohibition against cruel and unusual punishments?