No. 24-5221

Arthur Lee Burton v. Texas

Lower Court: Texas
Docketed: 2024-08-04
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: atkins-claim atkins-v-virginia capital-punishment death-penalty diagnostic-criteria hall-v-florida intellectual-disability moore-v-texas-i moore-v-texas-ii procedural-review supreme-court-precedent
Key Terms:
DueProcess Punishment HabeasCorpus JusticiabilityDoctri Jurisdiction
Latest Conference: N/A
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2024-08-07
Reply of applicant Arthur Burton filed.
2024-08-07
2024-08-07
Petition DENIED.
2024-08-07
Application (24A124) referred to the Court.
2024-08-07
Application (24A124) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2024-08-06
Brief of respondent Texas in opposition filed.
2024-08-06
Response to application from respondent Texas filed.
2024-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 3, 2024)
2024-08-03
Application (24A124) for a stay of execution of sentence of death, submitted to Justice Alito.

Attorneys

Arthur Burton
Steven J. WellsDorsey & Whitney LLP, Petitioner
Steven J. WellsDorsey & Whitney LLP, Petitioner
State of Texas
Tomee Morgan HeiningOffice of the Attorney General, Respondent
Tomee Morgan HeiningOffice of the Attorney General, Respondent