Cathey, Eric Dewayne
451 S.W.3d 1
| Tex. Crim. App. | 2014Background
- Applicant (Cathey) was convicted of capital murder (1997) and sentenced to death; convictions affirmed and initial habeas denied; on eve of execution he filed a subsequent Atkins claim alleging intellectual disability.
- Trial court held a five-day evidentiary hearing and, nearly two years later, signed findings concluding Cathey met Atkins via an adjusted IQ and retrospective adaptive-deficits evidence.
- The habeas judge: (1) reduced Cathey’s 1996 WAIS‑R IQ of 77 by applying a Flynn Effect adjustment (−5.4) and the standard error of measurement (−5) to reach a possible “true” IQ as low as 66.6; and (2) credited retrospective Vineland interviews of Cathey’s sister and ex‑wife to find pervasive adaptive deficits.
- The Court reviewed whether Cathey proved (by preponderance) the three Atkins/Briseno prongs: (1) significantly subaverage intellectual functioning; (2) concurrent adaptive deficits; (3) onset during the developmental period.
- The Court rejected the habeas findings: it held the Flynn Effect should not be used to subtract points from an individual score (retesting with current norms is preferred), found the retrospective Vineland administration unreliable and contradicted by contemporaneous school/trial records and Cathey’s prison writings/activities, and concluded Cathey failed to prove any Atkins prong.
Issues
| Issue | Cathey's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Cathey has "significantly subaverage" intellectual functioning (IQ prong) | 1996 WAIS‑R score 77 should be lowered by applying SEM and Flynn Effect to fall below ≈70 | The 77 score (SEM 72–82) stands; Flynn adjustments are not proper for individual scores; retesting with current norms is the remedy | Court held Cathey did not prove IQ ≤ ~70; Flynn Effect cannot be used to subtract fixed points from an individual score; SEM gives range 72–82 and score is consistent with borderline functioning |
| Admissibility/use of the Flynn Effect to alter individual IQ scores | Flynn Effect exists and justifies downward correction of outdated norms in capital cases | Flynn Effect is an aggregate phenomenon; clinicians do not adjust individual scores in practice; test publishers do not endorse score subtraction; retesting is preferred | Court held Flynn Effect is valid conceptually but not a basis to change an individual’s obtained IQ score; factfinders may consider it as interpretive context but should retest with current norms instead of subtracting points |
| Whether Cathey has significant adaptive deficits (Vineland and other evidence) | Retrospective Vineland interviews of sister and ex‑wife show deficits in communication, daily living, socialization | Witness recollections are biased, unreliable retrospectively; contemporaneous records and prison behavior contradict deficits | Court rejected the retrospective Vineland as unreliable here (long delay, reporter bias, contradiction with trial testimony); found school records, work history, prison letters, escape attempt, writing/publications undermined adaptive‑deficit finding |
| Whether deficits originated during the developmental period (onset prong) | Testimony and retrospective reports establish childhood deficits | Contemporaneous records (school, teacher testimony), absence of prior identification, and later competencies rebut onset claim | Court held Cathey failed to prove onset in developmental period because contemporaneous school records and witnesses did not indicate intellectual disability and adaptive deficits claims arose long after conviction |
Key Cases Cited
- Atkins v. Virginia, 536 U.S. 304 (U.S. 2002) (Eighth Amendment bars execution of intellectually disabled offenders)
- Ex parte Briseno, 135 S.W.3d 1 (Tex. Crim. App. 2004) (Texas guidance factors for assessing intellectual disability in capital cases)
- Hall v. Florida, 134 S. Ct. 1986 (U.S. 2014) (rejecting rigid IQ cutoffs; courts must consider clinical assessment and adaptive functioning)
- Cathey v. State, 992 S.W.2d 460 (Tex. Crim. App. 1999) (Cathey’s direct appeal affirming conviction)
- Ex parte Reed, 271 S.W.3d 698 (Tex. Crim. App. 2008) (standard for appellate review when habeas fact-findings lack record support)