# Adjudication of the Atkins Intellectual Disability Claim of Edward Busby

Page: https://stenobird.com/podcast/swear-on-the-stand-7111404/adjudication-of-the-atkins-intellectual-disability-claim-of-edward-busby
Text version: https://stenobird.com/podcast/swear-on-the-stand-7111404/adjudication-of-the-atkins-intellectual-disability-claim-of-edward-busby.md
Podcast: [Swear on the Stand](https://stenobird.com/podcast/swear-on-the-stand-7111404)
Published: 2026-05-18T20:27:20+00:00
Episode link: https://podcasters.spotify.com/pod/show/danielswear/episodes/Adjudication-of-the-Atkins-Intellectual-Disability-Claim-of-Edward-Busby-e3jid0g
Audio file: https://anchor.fm/s/fddb5314/podcast/play/120189392/https%3A%2F%2Fd3ctxlq1ktw2nl.cloudfront.net%2Fstaging%2F2026-4-18%2F960f4335-b8e5-d4a0-ac73-3a81e6e4b7db.m4a
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Duration seconds: 3009

## Resource

This episode discusses a judicial order and subsequent opinions from the United States Court of Appeals for the Fifth Circuit regarding Edward Lee Busby’s stay of execution . The court issued a temporary stay pending a Supreme Court decision in Hamm v. Smith , which is expected to clarify how multiple IQ scores and intellectual disability should be evaluated in capital cases. Judge Higginson argues that a pause is necessary to ensure the correct constitutional standards are applied, noting that both parties previously agreed Busby was disabled. In contrast, Judge Richman dissents, asserting that the state court's factual findings —which rejected Busby’s disability claim despite expert testimony—should be given legal deference . Judge Graves also dissents, emphasizing that every medical expert in the case identified Busby as intellectually disabled, making his execution a violation of the Eighth Amendment . Ultimately, the case highlights a sharp judicial divide over the weight of expert medical consensus versus trial court recollections in death penalty appeals.

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## Transcript

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