1. Is Mr. Brown entitled to a merits review of his Atkins claim under federal law, Moore I and Moore II, and was the procedural bar asserted by the Texas Court of Criminal Appeals an independent and adequate state ground to preclude the assertion of an Atkins claim where the applicable statute provides that a court may consider the merits of a subsequent application when "the current claims and issues have not been and could not have been presented previously in a timely initial application or in a previously considered application filed under this article . . . because the factual or legal basis for the claim was unavailable on the date the applicant filed the previous application"?

2. Can a state procedural rule overcome the Eighth Amendment prohibition against executing the intellectually disabled?

Is Mr. Brown entitled to a merits review of his Atkins claim under federal law, Moore I and Moore II, and was the procedural bar asserted by the Texas Court of Criminal Appeals an independent and adequate state ground to preclude the assertion of an Atkins claim where the applicable statute provides that a court may consider the merits of a subsequent application when 'the current claims and issues have not been and could not have been presented previously in a timely initial application or in a previously considered application filed under this article . . . because the factual or legal basis for the claim was unavailable on the date the applicant filed the previous application'?