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Chester v. Thaler

Petition for certiorari denied on October 29, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1391 5th Cir. N/A N/A N/A N/A OT 2012

Issue: Whether Texas’s use of the In re Briseno factors -- under which Texas assesses mental retardation using seven factors invented by the state court that rely heavily on the facts of the crime, have no basis in scientific literature, and conflict with the nationally accepted clinical definition of mental retardation relied on in Atkins v. Virginia -- is contrary to or an unreasonable application of Atkins v. Virginia, where these non-clinical criteria depart from the national consensus definition of mental retardation, are unrelated to a reliable determination of mental retardation, and permit the execution of mentally retarded offenders.

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DateProceedings and Orders (key to color coding)
May 14 2012Petition for a writ of certiorari filed. (Response due June 20, 2012)
May 14 2012Appendix of petitioner filed.
Jun 20 2012Order extending time to file response to petition to and including August 20, 2012.
Jun 20 2012Brief amicus curiae of American Association on Intellectual and Developmental Disabilities filed.
Aug 10 2012Order further extending time to file response to petition to and including September 17, 2012.
Sep 17 2012Brief of respondent Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
Oct 1 2012Reply of petitioner Elroy Chester filed. (Distributed)
Oct 3 2012DISTRIBUTED for Conference of October 26, 2012.
Oct 29 2012Petition DENIED.