AdministrativeLaw Punishment HabeasCorpus JusticiabilityDoctri
Did the state court violate Atkins v. Virginia by improperly assessing intellectual disability through a single IQ score and incomplete adaptive behavior assessment?
QUESTION PRESENTED Did the state court run afoul of Atkins v. Virginia, 536 U.S. 304 (2002), when it ignored an applicant’s full range of IQ scores in favor of a single part-score and deferred to an expert who did not conduct a complete adaptive behavior assessment? i PARTIES BELOW All parties are listed on the cover page in the case caption. There are no corporate parties involved in this case. ii LIST OF RELATED CASES 4th District Court of Rusk County, Texas State of Texas v. Blaine Milam, No. CR-09-066 Texas Court of Criminal Appeals Milam v. State, No. AP-76,379 (direct appeal) Ex parte Milam, No. WR-79,322-01 (initial state post-conviction proceeding) Ex parte Milam, No. WR-79,322-02 (second state post-conviction proceeding) Ex parte Milam, No. WR-79,322-03 (original writ of mandamus) Ex parte Milam, No. WR-79,322-04 (third state post-conviction proceeding) United States District Court for the Eastern District of Texas Milam v. Director, TDCJ-CID, No. 4:13-cv-545 (federal habeas proceeding) Milam v. Director, TDCJ-CID, No. 6:20-cv-646 (second federal habeas proceeding) United States Court of Appeals for the Fifth Circuit Milam v. Davis, No. 17-70020 (federal habeas appeal) In re Milam, No. 20-40663 (motion for authorization to file second or successive proceeding under 28 U.S.C. § 2244) In re Milam, No. 20-40849 (appeal from order of transfer), consolidated with Milam v. Lumpkin, No. 20-70024 Supreme Court of the United States Milam v. Davis, No. 18-5494 (certiorari from federal habeas) Milam v. Davis, No. 20-6518 (certiorari from subsequent state habeas) iii