In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.
Chester v. Thaler
Petition for certiorari denied on October 29, 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.