Disability Rights Texas, alongside The Arc of the United States, The Arc of Texas, and the American Association on Intellectual and Developmental Disabilities, has joined with Fried, Frank, Harris, Shriver & Jacobson LLP to file a “friend-of-the-court” brief in a significant death penalty case before the Texas Court of Criminal Appeals. The brief aims to safeguard individuals with intellectual disability from unconstitutional executions by advocating for the use of scientific criteria over outdated stereotypes in determining intellectual disability.
The brief, which centers on the case of current death row inmate Blaine Milam, emphasizes that accurate identification of intellectual disability is crucial in ensuring justice, particularly in capital cases. The brief also underscores that courts must adhere to clinical standards rather than relying on misconceptions that can lead to unjust outcomes.
The brief seeks to reinforce already-established legal protections, thus advocating for a more just and equitable judicial approach for individuals with intellectual disabilities facing the death penalty.