DueProcess Punishment HabeasCorpus JusticiabilityDoctri Jurisdiction
Whether the Texas Court of Criminal Appeals' refusal to authorize plenary review of an unrebutted prima facie case of intellectual disability rendered the petitioner ineligible for execution
QUESTIONS PRESENTED 1. Whether the Texas Court of Criminal Appeals (“TCCA”)—in refusing to authorize plenary review of Mr. Burton’s unrebutted prima facie case that his intellectual disability measured by current clinical diagnostic criteria rendered him ineligible for execution—so contravened the Court’s decisions and directives in Hall v. Florida, Moore I, and Moore II, that this Court’s intervention is required to eliminate “an unacceptable risk that persons with intellectual disability will be executed” in Texas. 2. Whether the TCCA’s dismissal of Mr. Burton’s intellectual disability claim under Article 11.071, Section 5 of the Texas Code of Criminal Procedure “is an adequate and independent state-law ground for the judgment,” Glossip v. Oklahoma, 144 S. Ct. 691 (2024) (Mem.), even though it was necessarily dependent on a substantive analysis of federal constitutional law as applied to Mr. Burton’s factual allegations. i