Search for: "Ex Parte Briseno" Results 1 - 16 of 16
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10 Jun 2010, 8:03 am by Steve Hall
The Texas Court of Criminal Appeals ruling in Ex Parte Briseno is available in Adobe .pdf format. [read post]
30 May 2008, 3:32 pm
While Moore filed an Atkins claim in state court after that case came out, he filed it before the Court of Criminal Appeals issued Ex Parte Briseno in 2004, in which that court established the evidence a defendant must show to prove mental retardation. [read post]
30 Apr 2012, 7:07 am by Brandon W. Barnett
  In Ex Parte Briseno, the Texas Court of Criminal Appeals established non-mandatory guidelines to determine “that level and degree of mental retardation at which a consensus of Texas citizens would agree that a person should be exempted from the death penalty. [read post]
26 Feb 2019, 1:08 pm by John Floyd
”   This conclusion was outlined in September 2015 by the CCA in Ex parte Moore—a decision that overruled the trial court’s finding of retardation and upheld Moore’s death sentence under the Briseno standard. [read post]
28 Mar 2017, 10:51 am by Amy Howe
It relied on its 2004 decision in another case, Ex parte Briseno, involving an inmate’s intellectual disability. [read post]
3 Apr 2017, 6:59 am by Jeff Welty
The Texas Court of Criminal Appeals ruled otherwise, concluding that precedent required the lower court to apply the intellectual disability standards set forth in Ex parte Briseno, 135 S.W. 3d 1 (Tex. [read post]
5 Apr 2017, 9:01 pm by Sherry F. Colb
The state habeas court accepted the argument, based on current clinical standards found in the 11th edition of the American Association on Intellectual and Developmental Disabilities clinical manual and the 5th edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, and made a recommendation that Moore be granted relief.The CCA rejected the habeas court’s recommendation and, instead of appealing to up-to-date clinical standards,… [read post]
29 Nov 2016, 4:38 pm by Kent Scheidegger
Virginia, 536 U.S. 304 (2002) to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.See any issue there about whether the Texas standard of Ex parte Briseno ever conformed to the subsequently "outdated" standards in the first place? [read post]
2 May 2017, 5:14 pm by James S. Friedman, LLC
   The CCA applied the criteria set forth in a 2004 Texas case, Ex Parte Briseno, which are as follows: Did those who knew the defendant well during his developmental stages (family, friends, educators, employers, and other authorities), believe he was mentally retarded, and act in accordance with that assessment; Has the defendant formulated and carried out plans, or is their conduct impulsive; Does the defendant’s conduct indicate that they are a… [read post]
22 Jun 2010, 10:43 pm by cdw
Finally, and also from the CCA, in Ex parte Jose Garcia Briseno the Court grants relief on Penry error as the jury instructions did “not adequately inform the jury that it may assess a punishment less than death on account of [the mitigating evidence] irrespective of what the evidence shows as to [the defendant’s] deliberateness and future dangerousness. [read post]
14 Aug 2012, 8:13 am by Steve Hall
In a 2004 decision the Texas Court of Criminal Appeals issued a decision called Ex parte Briseno, which basically said it is OK to execute people who are mentally retarded, so long as their retardation is “mild. [read post]
28 Mar 2017, 9:05 am by Lyle Denniston
  The eight-member court did agree unanimously that state judges in Texas cannot be required to use seven intellectual capacity factors that the state's Court of Criminal Appeals had laid down in a 2004 decision (Ex parte Briseno), mainly because that ruling provided a list of non-scientific factors -- such as whether the individual could hide facts or lie effectively, and how friends and relatives personally evaluated the individual's intellectual… [read post]
8 Aug 2012, 9:33 am by Steve Hall
  It contains a link to the Texas Court of Criminal Appelas 2004 ruling, Ex Parte Briseno. [read post]
6 Aug 2012, 10:58 am by Steve Hall
” Texas did this in 2004 with the criminal appellate ruling Ex parte Briseño. [read post]