Supreme Court Lets Texas Execution Proceed Despite Disability Findings
The U.S. Supreme Court on Monday, June 22, 2026, refused to review Victor Saldano's intellectual disability claim in a 6-3 vote, clearing the way for his Texas execution to proceed.[1]
The court's denial of review leaves in place a Texas Court of Criminal Appeals ruling that rejected his disability claim.[1] State prosecutors had told courts they agreed Saldano is not death-eligible and did not oppose relief.[1] Saldano's attorneys say all experts who evaluated him, including those for the state, concluded he is intellectually disabled.[1]
Saldano was convicted of murder in a 1996 Texas robbery and was resentenced to death in Collin County in 2004.[1] The Texas Office of Capital and Forensic Writs later took over his post-conviction representation and filed a successive habeas petition on January 31, 2022.[1] Neuropsychological testing cited in that filing showed an IQ of 73 to 74 and other evidence of intellectual disability dating to his upbringing in Argentina.[1] On April 16, 2025, the Texas Court of Criminal Appeals dismissed the application in a per curiam order under state procedural rules, and Saldano then asked the U.S. Supreme Court to review that dismissal.[1]
The mainstream summary does not mention that Texas officials, after initially prosecuting Victor Saldano's case, later aligned with his defense to advocate for a full consideration of his intellectual disability claim. This shift in stance from the prosecution raises questions about the consistency of the state's position on disability claims in capital cases, suggesting a more complex legal landscape than the summary implies. Additionally, while the summary notes the Supreme Court's refusal to review the case, it overlooks the dissenting opinions from the three liberal justices, who highlighted ongoing concerns regarding the application of Atkins v. Virginia protections for intellectually disabled defendants.
Furthermore, the broader context surrounding Saldano's case reveals significant issues within Texas's implementation of intellectual disability protections. Since 2017, 19 individuals have been removed from Texas death row due to evidence of intellectual disability, indicating a troubling trend of wrongful executions. The summary does not address the fact that in 2025, a notable 25 of the 47 individuals executed nationwide had evidence of intellectual disability, brain damage, or low IQ, underscoring systemic flaws in the judicial process that could lead to executing those who meet established medical criteria for disability.[2][3][4]
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📊 Relevant Data
Texas had 165 people on death row as of early 2026.
Texas Death Penalty Facts — Texas Coalition to Abolish the Death Penalty
Since 2017, 19 people have been removed from Texas death row due to evidence of intellectual disability.
Texas commutes death sentence based on claim of intellectual disability — Death Penalty Information Center
In 2025, 25 of the 47 people executed nationwide had evidence of intellectual disability, brain damage, or low IQ.
A Man With Intellectual Disability Was the 600th Person Executed in Texas — Death Penalty Information Center
📌 Key Facts
- On June 22, 2026, the Supreme Court voted 6-3 to deny review in Victor Saldano’s case, refusing to halt his Texas execution.
- Saldano was convicted of murder in a 1996 Texas robbery; his original lawyers did not present an intellectual disability claim at trial.
- The Texas Office of Capital Forensic Writs and state experts later found Saldano has an IQ of 74 and meets criteria for intellectual disability, and Texas prosecutors agreed he should not be death-eligible.
- The Texas Court of Criminal Appeals nonetheless rejected the intellectual disability claim, and the Supreme Court’s denial of certiorari leaves that ruling in place.
- All experts who evaluated Saldano, including those for the state, have agreed he is intellectually disabled, according to his counsel.
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