Supreme Court Report

Supreme Court of the United States · Official docket →

Edward Lee Busby, Jr. v. Texas

IFP petition · Court of Criminal Appeals of Texas, No. WR-70,747-06 · judgment March 5, 2025


Certiorari denied · November 10, 2025

Question presented

Where the clinical criteria unequivocally establish that a death row inmate is intellectually disabled, and where all the experts -- including the expert retained by the State -- agree that the inmate is intellectually disabled and thus ineligible for execution under this Court’s decision in Atkins v Virginia and its progeny, does the Eighth Amendment bar the inmate’s execution?

Counsel of record

For petitioner
David R. Dow

For respondent
Jefferson David Clendenin
Office of the Attorney General of Texas

Case

Conference history
Distributed for 1 conference

Linked docket
24A1117

Proceedings

  1. Nov 10 2025
    Petition DENIED.
  2. Oct 16 2025
    DISTRIBUTED for Conference of 11/7/2025.
  3. Oct 07 2025
    Brief of respondent Texas in opposition filed.
  4. Oct 07 2025
    Reply of petitioner Edward Busby filed.
  5. Sep 04 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including October 8, 2025.
  6. Sep 02 2025
    Motion to extend the time to file a response from September 8, 2025 to October 8, 2025, submitted to The Clerk.
  7. Aug 01 2025
    Motion to extend the time to file a response is granted and the time is extended to and including September 8, 2025.
  8. Jul 31 2025
    Motion to extend the time to file a response from August 7, 2025 to September 8, 2025, submitted to The Clerk.
  9. Jul 03 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 7, 2025)
  10. May 23 2025
    Application (24A1117) granted by Justice Alito extending the time to file until July 3, 2025.
  11. May 16 2025
    Application (24A1117) to extend the time to file a petition for a writ of certiorari from June 3, 2025 to July 3, 2025, submitted to Justice Alito.