 Wilson's IQ has been claimed to be measured at 61, which meant that he was legally retarded and thus ineligible for execution according to Atkins v. Virginia - a United States Supreme Court ruling against execution of retarded individuals.However, the United States Court of Appeals for the Fifth Circuit originally ruled in December 2005 that due to his lawyer missing a filing deadline, Wilson is unable to file further appeals in federal court.On March 10, 2006, the Fifth Circuit court granted Wilson permission to file an appeal.