Texas man whose lawyers say is intellectually disabled facing execution for 1997 murder

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Texas man whose lawyers say is intellectually disabled facing execution for 1997 murder
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A Texas man described as intellectually disabled by his lawyers faced scheduled execution Wednesday for strangling a woman who went jogging near her home.

This photo provided by the Texas Department of Criminal Justice shows death row inmate Arthur Lee Burton , who was condemned for the July 1997 killing of Nancy Adleman and faces execution Wednesday evening, Aug. 7, 2024, at the state penitentiary in Huntsville.

Burton, now 54, was scheduled to receive a lethal injection Wednesday evening at the state penitentiary in Huntsville. Burton's lawyers had argued that reports by two experts as well as a review of records show Burton “exhibited low scores on tests of learning, reasoning, comprehending complex ideas, problem solving, and suggestibility, all of which are examples of significant limitations in intellectual functioning.”

The Supreme Court in 2002 had barred the execution of intellectually disabled people. But it has given states some discretion to decide how to determine such disabilities. Justices have wrestled with how much discretion to allow. “I have not seen any mental health or other notations that Mr. Burton suffers from a significant deficit in intellectual or mental capabilities,” according to the report by Thomas Guilmette, a psychology professor at Providence College in Rhode Island.

In a February 2019 ruling regarding another death row inmate, the Supreme Court said the Texas appeals court was continuing to rely on factors that have no grounding in prevailing medical practice.

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