Whether the Texas Court of Criminal Appeals violated the Eighth and Fourteenth Amendments by dismissing Arthur Lee Burton's subsequent writ of habeas corpus raising an Atkins intellectual disability claim without applying current clinical diagnostic criteria for intellectual disability, despite Mr. Burton presenting unrebutted expert evidence that he meets the diagnostic criteria for mild intellectual disability under the DSM-V-TR and AAIDD-12, and despite Mr. Burton satisfying the exception to Texas's abuse-of-the-writ rule under Texas Code of Criminal Procedure Article 11.071 § 5(a)(1) based on binding and directly relevant United States Supreme Court precedent in Moore v. Texas decided after his prior habeas applications.

Whether the Eighth Amendment prohibits the execution of a death-row inmate with intellectual disability when new clinical evidence demonstrates he meets current diagnostic criteria for intellectual disability under Moore v. Texas