1. Does the TCCA's creation of a novel and unforeseeable procedural bar in its interpretation of Article 11.071 Section 5 preclude review of Mr. Saldaño's Atkins claim under federal law?

2. May a state-created procedural rule bar review of an Atkins claim consistent with due process where the State has conceded, as here, that the individual meets the criteria for intellectually disability and the procedural gateway necessary to allow for a merits review?

Does the Texas Court of Criminal Appeals' novel procedural interpretation preclude federal review of an Atkins claim where experts unanimously agree on intellectual disability?