This task is about reading the given passage and construct a question about the information present in the passage. Construct a question in such a way that (i) it is unambiguous, (ii) it is answerable from the passage, (iii) its answer is unique (iv) its answer is a continuous text span from the paragraph. Avoid creating questions that (i) can be answered correctly without actually understanding the paragraph and (ii) uses same words or phrases given in the passage.

Example input: Passage: The French and Indian War (1754–1763) was the North American theater of the worldwide Seven Years' War. The war was fought between the colonies of British America and New France, with both sides supported by military units from their parent countries of Great Britain and France, as well as Native American allies. At the start of the war, the French North American colonies had a population of roughly 60,000 European settlers, compared with 2 million in the British North American colonies. The outnumbered French particularly depended on the Indians. Long in conflict, the metropole nations declared war on each other in 1756, escalating the war from a regional affair into an intercontinental conflict.
Example output: When was the French and Indian War?
Example explanation: This question is based on the following sentence in the passage- The French and Indian War (1754–1763) was the North American theater of the worldwide Seven Years' War. It is a common convention to write (start year-end year) beside a historical event to understand when the event happened. You can ask questions like this one about dates, years, other numerals, persons, locations, noun phrases, verb phrases, adjectives, clauses etc. which exist in the paragraph.
Q: The United States Supreme Court in Penry v. Lynaugh and the United States Court of Appeals for the Fifth Circuit in Bigby v. Dretke have been clear in their decisions that jury instructions in death penalty cases that do not ask about mitigating factors regarding the defendant's mental health violate the defendant's Eighth Amendment rights, saying that the jury is to be instructed to consider mitigating factors when answering unrelated questions. This ruling suggests that specific explanations to the jury are necessary to weigh mitigating factors.
A:
In what court was Bigby v. Dretke decided?