No. 24-6058

Blaine Keith Milam v. Texas

Lower Court: Texas
Docketed: 2024-12-04
Status: Denied
Type: IFP
Amici (1)IFP Experienced Counsel
Tags: adaptive-behavior atkins-standard clinical-assessment eighth-amendment intellectual-disability iq-testing
Key Terms:
AdministrativeLaw Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-03-07
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2025-03-10
Petition DENIED.
2025-02-20
DISTRIBUTED for Conference of 3/7/2025.
2025-02-18
Reply of Blaine Keith Milam submitted.
2025-02-18
Reply of petitioner Blaine Keith Milam filed. (Distributed)
2025-02-03
Brief of Texas in opposition submitted.
2025-02-03
Brief of respondent Texas in opposition filed.
2025-01-03
Amicus brief of Randy W. Kamphaus, Kevin S. McGrew, Cecil R. Reynolds, W. Joel Schneider and Marc J. Tassé submitted.
2025-01-03
2024-12-30
Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2025.
2024-12-27
Motion of Texas for an extension of time submitted.
2024-12-27
Motion to extend the time to file a response from January 3, 2025 to February 3, 2025, submitted to The Clerk.
2024-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2025)
2024-10-15
Application (24A347) granted by Justice Alito extending the time to file until November 28, 2024.
2024-10-09
Application (24A347) to extend the time to file a petition for a writ of certiorari from October 29, 2024 to November 28, 2024, submitted to Justice Alito.

Attorneys

Blaine Keith Milam
Jeremy Don SchepersOffice of the Federal Public Defender NDTX, Petitioner
Randy W. Kamphaus, Kevin S. McGrew, Cecil R. Reynolds, W. Joel Schneider and Marc J. Tassé
John H. Blume — Amicus
Texas
Tomee Morgan HeiningOffice of the Attorney General, Respondent