 Eventually, Penry was retried for capital murder, again sentenced to death, and again the Supreme Court ruled, in "Penry v. Johnson", that the jury was not able to adequately consider Penry's intellectual disability as a mitigating factor at the sentencing phase of the trial.Ultimately, Penry was spared the death penalty because of the Supreme Court's ruling in "Atkins v. Virginia", which, while not directly overruling the holding in ""Penry I"", did give considerable negative treatment to "Penry" on the basis that the Eighth Amendment allowed execution of the mentally disabled.The Court ruled that the execution of the mentally retarded does not violate the Eighth Amendment's ban on cruel and unusual punishments.