In Galloway v. Mississippi, the ACLU represents a man on Mississippi’s death row whose trial attorneys relied on a mere twenty-two-page presentation in support of a life sentence, without first conducting the background investigation that would have enabled them to make informed decisions about what evidence to present. A constitutionally adequate investigation would have uncovered voluminous mitigating evidence that could have caused the jury to decide for life instead of death. The Mississippi Supreme Court rejected Mr. Galloway’s claim by speculating that trial counsel had an alternative “strategy” that precluded their doing a full presentation of the abuse he suffered as a child and his mental disabilities—even though Mr. Galloway’s lawyers asserted no such strategic judgment.

Whether Texas is violating the Constitution by using a test to determine intellectual disability in death penalty cases that is inconsistent with both Supreme Court precedent and science.

The American Civil Liberties Union represented Robert Ladd, an intellectually disabled man with an IQ of 67, who faced execution in Texas. The ACLU petitioned the Supreme Court for a stay of Robert Ladd's execution and to review the initial decision of the Texas Court of Criminal Appeals. Ladd was executed by the state of Texas at 7:02 pm CT on Thursday, January 29, 2015.