Do Articles 11.073 and 11.071 of the Texas Code of Criminal Procedure create a due process problem by preventing the presentation of evidence that might change a death sentence, and is Texas refusing to permit development of medical evidence of intellectual disability in violation of Moore v. Texas and constitutional amendments?

QUESTIONS PRESENTED 1) Do Articles 11.073 and 11.071, Sec. 5 (a)(3) of the Texas Code of Criminal Procedure create a due process problem because the statutes, as interpreted by the Texas Court of Criminal Appeals, prevent the presentation or development of evidence that might change a death sentence? 2) Is Texas still refusing to permit petitioners from developing valid medical evidence of intellectual disability under Texas Code of Criminal Procedure article 11.071 in violation of this Court’s rulings in Moore v. Texas I and Moore v. Texas I, the Eighth Amendment, and the Fourteenth Amendment? 3) Did the Texas Court of Criminal Appeals create a new “weighing” scheme for death penalty sentencing when it issued its opinion in Ex parte Andrus in defiance of this Court’s order on remand in Andrus v. Texas? And if so, should petitioner be allowed a new review of sentence under this new standard? 2