Search results
Results. On March 28, 2017, in a 5-3 decision, the Supreme Court found that Texas erred in using a decades-old lay interpretation of intellectual disability to determine whether defendants faced the death penalty. Instead, the court held that in determining eligibility for the death penalty, courts must rely upon modern scientific clinical ...
Moore v. Texas, 137 S. Ct. 1039 (2017), is a United States Supreme Court decision about the death penalty and intellectual disability.The court held that contemporary clinical standards determine what an intellectual disability is, and held that even milder forms of intellectual disability may bar a person from being sentenced to death due to the Eighth Amendment's prohibition against cruel ...
A federal habeas court later vacated that sentence based on ineffective assistance of trial counsel, see Moore v. Collins, 1995 U. S. Dist. LEXIS 22859, *35 (SD Tex., Sept. 29, 1995), and the Fifth Circuit affirmed, see Moore v. Johnson, 194 F. 3d 586, 622 (1999). Moore was resentenced to death in 2001, and the CCA affirmed on direct appeal ...
Nov 29, 2016 · Texas - SCOTUSblog. Moore v. Texas. Holding: By rejecting the habeas court's application of current medical diagnostic standards and by following the standard under Ex parte Briseno, including the nonclinical Briseno factors, the decision of the Texas Court of Criminal Appeals does not comport with the Eighth Amendment and Supreme Court ...
DateProceedings And Orders ( Key To Color ...Dec 15 2015Jan 19 2016Jan 19 2016Jan 19 2016Feb 19, 2019 · Holding: The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas. Judgment: Reversed and remanded in a per curiam opinion on February 19, 2019.
Mar 29, 2017 · The Supreme Court heard oral argument in Moore v. Texas, which concerns whether Texas' criteria for determining if an intellectually disabled person can be sentenced to death. In 2002, the Supreme Court ruled that executing a "mentally retarded" person violated the Constitution's Eighth Amendment ban against cruel and unusual punishment.
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1056-16 HAROLD MICHAEL MOORE, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY Y EARY, J., delivered the opinion of the Court in which K ELLER, P.J., and H ERVEY, R ICHARDSON and K EEL, JJ., joined.
