Tennard v. Dretke

Summary

Chief Justice Rehnquist dissents, arguing that reasonable jurists would not find the District Court's assessment of Tennard's constitutional claims debatable and that Tennard's low IQ evidence was within the effective reach of the jury through Texas special issues. Separate dissents by Justice Scalia and Justice Thomas contest the constitutional basis of the right to unchanneled discretion and the precedential value of Penry v. Lynaugh.