Butler, Steven Anthony
416 S.W.3d 863
Tex. Crim. App.2012Background
- Butler conducted a five‑month string of armed robberies in 1986, killing two clerks and raping two others, with a pattern showing meticulous planning and avoidance of witnesses.
- At his 1988 capital murder trial, Butler was convicted and sentenced to death; no defense witnesses suggested mental retardation.
- Post Atkins, Butler raised an Atkins claim in federal proceedings; a 2006 evidentiary hearing evaluated his alleged intellectual disability.
- The district court and this Court ultimately rejected Butler’s mental retardation claim, and a Denkowski settlement prompted later reconsideration.
- The concurrence reaffirms denial of relief, emphasizing that Butler did not prove he met the Atkins Briseno criteria absent Denkowski’s opinions, which this opinion largely ignores.
- The opinion explains the Briseno framework (IQ, adaptive deficits, onset before 18) and notes the trial judge’s reliance on objective data and inconsistencies in adaptive functioning evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Butler meets Atkins/Briseno criteria for mental retardation | Butler argues subaverage IQ and adaptive deficits pre‑18. | State contends no substantial, reliable evidence of retardation. | Not proven under Briseno framework; denial affirmed. |
| Whether the Denkowski evaluations were determinative | Denkowski should inform the finding of retardation. | Opinions unreliable; trial judge’s findings stand independent of Denkowski. | Court declines to rely on Denkowski; grant denied. |
| Whether Briseno factors support adaptive deficits analysis | Briseno factors show adaptive deficits. | Record reflects strengths undermining adaptive deficits. | Trial court's use of Briseno factors supports non‑retardation finding. |
Key Cases Cited
- Ex parte Briseno, 135 S.W.3d 1 (Tex. Crim. App. 2004) (defines Texas Briseno criteria for mental retardation in Atkins context)
- Atkins v. Virginia, 536 U.S. 304 (U.S. 2002) (held execution of mentally retarded unconstitutional)
- Kansas v. Crane, 534 U.S. 407 (U.S. 2002) (discusses limits of diagnosing mental impairment in capital cases)
- Ex parte Reed, 271 S.W.3d 698 (Tex. Crim. App. 2008) (highlights deference to trial court credibility determinations in habeas)