Supreme Court to Review Late Disability Claim
Justices will decide if a second federal challenge can stop the execution of a Texas inmate.
By Rafael Collins ·
The U.S. Supreme Court will hear arguments on Wednesday regarding a procedural dispute involving a Texas death row inmate.
Dexter Johnson was convicted of capital murder for the 2006 killing of 23-year-old Maria Aparece. His execution was originally set for May 2019. That date passed without a sentence being carried out because a federal court stayed the process after his legal team raised a new claim of intellectual disability. The claim was not part of his initial trial record.
Johnson’s lawyers filed the claim days before his scheduled execution. They relied on the 2013 release of the DSM-5, which changed how clinicians assess intellectual disability. The update moved focus from rigid IQ thresholds to adaptive functioning deficits. Under this new framework, Johnson’s trial expert withdrew the previous basis for denying a diagnosis. Two additional experts then concluded that Johnson is intellectually disabled. Ethan Nutter, a lawyer for the National Association of Criminal Defense Lawyers, stated that the medical community’s understanding of the condition has changed over the last two decades.
The Texas Department of Criminal Justice’s Correctional Institutions asked the Supreme Court to review the Fifth Circuit’s decision in February 2026. The department argued that the lower court’s ruling erases strict limits on claims based on new evidence. The state also noted that justice delayed is justice denied for the families of victims. Protasio Aparece, the victim’s father, filed an amicus brief. He expressed an interest in seeing justice carried out for his daughter and ensuring other families do not endure decades of delays.
The core question before the justices is procedural. Nutter said the court is deciding whether a federal court can address a second or successive habeas petition. This issue determines how strict federal courts should be when prisoners challenge their sentences with new evidence.
The court is expected to issue a final decision in the case by June 2027.
More Business · Bad Business · Report a business · Got a Story?
