Carlos Trevino v. Lorie Davis

Summary

Justice Dennis dissents from the Supreme Court’s denial of certiorari, arguing that the Fifth Circuit misapplied precedent by evaluating new mitigating evidence in isolation rather than holistically. He contends that the newly discovered evidence of Trevino’s fetal alcohol spectrum disorder could have altered the jury’s assessment of moral culpability, even if it did not overcome the finding of future dangerousness. Accordingly, the dissent holds that the Fifth Circuit’s prejudice analysis was erroneous.