Ex Parte Jose Garcia Briseno, Applicant

Summary

The Court affirmed the trial court’s finding that Jose Garcia Briseno is not mentally retarded and therefore his death sentence stands. It held that the applicant failed to meet the preponderance‑of‑evidence burden for mental retardation and that Texas law does not require a jury determination of that issue in a post‑conviction habeas proceeding. The dissent argues that the Sixth and Eighth Amendments demand a jury fact‑finding on mental retardation claims.