INTELLECTUAL DISABILITIES: Texas Stands Alone in Its Unusual Test of Mental Retardation and Exemption from Execution

Despite a U.S. Supreme Court’s anathema on a genocide chastisement for defendants with mental retardation, Texas is formulation to govern Marvin Wilson on Aug 7.  Wilson has an IQ of 61 and adaptive functioning levels even lower; a usually board-certified consultant to weigh Mr. Wilson resolved he has mental slow-down (now famous as egghead disability).  Wilson struggled in school, and forsaken out after a 10th grade.  According to experts who assessed his mental health, Wilson continues to be incompetent to perform even a simplest tasks though assistance.  This egghead incapacity typically manifests itself before a age of 18 and is objectively dynamic by mental health professionals, eccentric of a crime that put a suspect on genocide row.  Texas, however, insists that it can covering additional factors onto a exam for retardation, factors not used by any other states, not formed on systematic criteria, and that do describe to a strange crime. This exam is formed on a “Briseño factors” (named after a Texas justice preference that announced them), and allows an execution if (among other factors) a justice determines a rapist offense compulsory forethought, formulation and formidable execution.  The American Association on Intellectual and Developmental Disabilities wrote in their new brief in Chester v. Thaler, another box involving a Briseño factors that is tentative before a Supreme Court: “[The Texas] impressionistic ‘test’ leads fact-finders to use ‘factors’ that are formed on fake stereotypes about mental slow-down that effectively bar all though a many exceedingly incapacitated.” Attorneys for Wilson have filed a petition with a U.S. Supreme Court, seeking it to cruise either a Briseño factors paint an irrational focus of a Supreme Court’s statute on mental slow-down .

(See Wilson v. Thaler, petition for cert. filed Jul 19, 2012; DPIC Posted, Jul 31, 2012).  See Intellectual Disability.