How This Case Reached the U.S. Supreme Court.
July 1, 2013
Amos Wells shot and killed three people in Fort Worth, Texas. Within the hour, he surrendered to police.
He was poor and could not afford to hire an attorney. He was also in the throes of a mental health crisis. The State appointed two former prosecutors to represent him.
2016: Trial and Death Sentence
Jury selection began in September 2016. During sentencing, the defense introduced the “warrior gene” theory, and the prosecution used that testimony to argue that Amos would be dangerous in the future. On November 18, 2016, the jury sentenced him to death after just three hours of deliberation.
Amos was given a court-appointed attorney for his direct appeal. That attorney was later disbarred, and the appeal went nowhere.
2018–2021: State Court Review
Amos’ post-conviction team filed a detailed challenge in state court, documenting failures by trial defense counsel and misconduct by the prosecution. In 2021, the Texas Court of Criminal Appeals denied every claim in a single sentence, without explanation.
2021–2025: Federal Court Review
Amos filed in federal court in 2021. In 2024, the federal district court denied relief. In July 2025, the Fifth Circuit also denied relief, describing the “warrior gene” testimony as standard trial strategy and declining to grapple with Buck v. Davis. Rehearing was denied in August 2025.
December 2025: Petition to the U.S. Supreme Court
Amos’ current legal team filed a petition asking the Supreme Court to hear the case. The petition presents a stark question: can a defense lawyer concede the very point the prosecution must prove in a death penalty case and still call that strategy constitutionally adequate?
February 2026: Texas Responds
Texas filed a brief opposing Supreme Court review. The state argued that the defense strategy was reasonable and that Buck v. Davis does not apply because the testimony focused on genetics rather than explicitly on race.
March 2026: National Support
Three amicus briefs were filed in support of Amos. The Legal Defense Fund (formerly part of the NAACP) argued that the “warrior gene” testimony activated racial bias against Black men. The Korematsu Center argued that Buck v. Davis directly controls the case. A coalition of law professors explained that the underlying science had already been discredited before Amos’ trial.
March 27, 2026
The SCOTUSblog identified the case as one with a meaningful chance of being granted review. The petition was then considered at the justices’ private conference.
March 30, 2026
The U.S. Supreme Court denied certiorari (declined to hear the appeal) in the capital case of Texas death row inmate Amos Wells (Wells v. Guerrero, Docket No. 25-732)
*This page will be updated as the case develops.
Why This Case Matters.
This case asks whether a defense lawyer can hand the prosecution what it needs to win a death sentence, and have that protected from review by calling it a choice. If the answer is yes, the right to real legal representation in capital cases means very little.
Every safeguard that was meant to enforce the right to competent counsel and an impartial jury was there on paper. The introduction of reliable science, and a full picture for the jury deciding whether Amos Wells lives or dies, was not there. None of it was enforced. Not once, at any stage of trial.
The Supreme Court declined to answer whether that failure matters. This site is here to show you that it does, and we’re asking you to do something about it [link to clemency petition].