. >> of course, penry would have been on the books.egardless even if that's not controlling, here the cca credited compton's testimony as the most reliable expert who was the only forensic psychologist who personally evaluated the petitioner and compton said i don't have the deficits for the diagnosis. the question presented here is whether texas's well established three pronged test for disability violates the amendment. there are only four states that have wholesale adopted one of the current frameworks. two of them did so saying there's no material difference in the language between the current framework and that test. that's the position the petitioner's taken in the reply brief. >> can you explain what texas applies two different tests to determine whether a school child is intellectually disabled in both of those categories, what does it have a different standard in capital cases only? >> first of all, the juvenile defender rule that petitioner sites at page 7 of the reply brief, that actually adopts the three prong test that bri

. >> of course penry would have been on the books so there would have been a advantage to argue that that's why it's a contradictory argument. the cca credited compton's testimony as the most reliable expert who's the only forensic psychology who reviewed the records and personally evaluated petitioner for intellectual disability and compton said "i don't have the deficits for a diagnosis t" but this is a fact-pound question of the application of the test. the question presented here is whether texas's well-established three-prong test for intellectual disability violates the 8th amendment and texas is well within the national consensus. there are only four states that have categorically wholesale adopted one of the current frame works. two of them did so saying there's no material difference in the language between the current framework and that test and that's the precise petition the petitioner took in the reply brief. >> can you explain why texas applies a different test to determine whether a school child is sintellectually disabled or juvenile offender to determine what to do w