Top Texas court says condemned inmate not mentally disabled
Law Reviews
Texas' highest criminal court narrowly ruled Wednesday that a death row inmate is mentally capable enough to execute, despite a U.S. Supreme Court ruling that his intellectual capacity had been improperly assessed and agreement by his lawyer and prosecutors that he shouldn't qualify for the death penalty.
In a 5-3 ruling with one judge not participating, the Texas Court of Criminal Appeals said it reviewed the case of convicted killer Bobby James Moore under guidance from the Supreme Court's March 2017 decision and determined that Moore isn't intellectually disabled based on updated standards from the American Psychiatric Association.
"It remains true under our newly adopted framework that a vast array of evidence in this record is inconsistent with a finding of intellectual disability," the Texas court's majority wrote. "We conclude that he has failed to demonstrate adaptive deficits sufficient to support a diagnosis of intellectual disability."
The Supreme Court last year said the state court used outdated standards to reach its earlier decision on Moore. In a lengthy dissent joined by judges Bert Richardson and Scott Walker, Judge Elsa Alcala wrote that the majority got it wrong. "The majority opinion's assessment of the evidence in this record is wholly divorced from the diagnostic criteria that it claims to adhere to," she wrote.
The ruling came despite Harris County prosecutors telling the court they believed Moore is mentally disabled and shouldn't be found eligible for the death penalty. Cliff Sloan, who argued Moore's case before the Supreme Court, said Wednesday's ruling was "inconsistent" with the high court's decision.
Related listings
-
Pennsylvania’s mail-in ballot dating rule is legal under civil rights law
Law Reviews 03/30/2024A requirement for Pennsylvania voters to put accurate handwritten dates on the outside envelopes of their mail-in ballots does not run afoul of a civil rights law, a federal appeals court panel said Wednesday, overturning a lower court ruling.A divid...
-
Key takeaways from UN court’s ruling on Israel’s war in Gaza
Law Reviews 01/28/2024The U.N. world court on Friday came down hard on Israel’s war on Hamas in the Gaza Strip, calling on Israel to “take all measures” to prevent a genocide of the Palestinians. But it stopped short of demanding an immediate cease-fire,...
-
Wisconsin Supreme Court orders new legislative maps in redistricting case
Law Reviews 12/24/2023The liberal-controlled Wisconsin Supreme Court overturned Republican-drawn legislative maps on Friday and ordered that new district boundary lines be drawn as Democrats had urged in a redistricting case they hope will weaken GOP majorities.The ruling...