The Writing Is on the Wall: How the Briseno Factors Create an Unacceptable Risk of Executing Persons with Intellectual Disability.

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    • Abstract:
      The article discusses the court case Atkins v. Virginia wherein the U.S. Supreme Court held that execution of intellectually disabled people is cruel and unusual punishment in violation of the Eighth Amendment. Topics discussed include creation of a legal framework by Texas Court of Criminal Appeals (CCA) to govern claims related to execution of disabled; creation of new categories of assessment Briseno factors by CCA; and CCA recognizing Brienso factors as unconstitutional.