Supreme Court to Review Texas Inmate's Second Habeas Petition
Justices will decide if federal courts can hear late-stage intellectual disability claims in death penalty cases, a procedural question that extends beyond one prisoner's fate.
By Adriana Abebe ·
The U.S. Supreme Court will hear arguments Wednesday regarding the procedural limits of federal habeas corpus review in capital punishment cases. The docket includes a challenge from Dexter Johnson, a Texas inmate convicted of capital murder, who seeks to overturn his death sentence based on a claim of intellectual disability.
Johnson was found guilty in 2006 for the killing of 23-year-old Maria Aparece. His execution was initially set for May 2019 but was stayed after a federal court accepted his new claim. His legal team argues that the diagnosis was not raised at trial because the medical community had not yet adopted the current diagnostic standards.
The dispute centers on the 2013 release of the American Psychiatric Association's DSM-5. That manual shifted the focus for diagnosing intellectual disability from a rigid IQ threshold to deficits in adaptive functioning. Johnson's attorneys state that two experts concluded he meets the definition under this new framework, while his trial expert withdrew the premise that had previously ruled out the diagnosis.
The Texas Department of Criminal Justice asked the Court to review the Fifth Circuit's decision in February 2026. The state contends that allowing the lower court to consider new evidence erases the strict limits on such claims. In its brief, the department argued that for the families of victims, justice delayed is justice denied.
Protasio Aparece, the father of the victim, filed a separate amicus brief. His legal team wrote that he has an interest in seeing justice carried out and in ensuring that other families do not endure decades of excessive delays. The case thus presents a conflict between the right to a fair sentencing standard and the finality of criminal proceedings.
Ethan Nutter, a lawyer for the National Association of Criminal Defense Lawyers, described the issue as narrow. He stated that the Court is deciding whether a federal court can address a second or successive habeas petition. The justices are expected to issue a ruling by June 2027.
The decision will establish a precedent for how strictly federal courts must adhere to procedural bars when prisoners present new evidence of intellectual disability after their initial appeals have been exhausted.
