WASHINGTON (AP) — The Supreme Court seemed likely Tuesday to side with a longtime death row inmate in Texas who claims he is intellectually disabled and thus ineligible to be executed.
A majority of justices during arguments at the high court expressed misgivings with the way the top Texas criminal appeals court evaluates borderline cases of intellectual disability.
That court, the Texas Court of Criminal Appeals, reversed a lower court and ruled that inmate Bobby James Moore was not intellectually disabled. Moore was convicted in the shotgun killing of a Houston grocery store clerk in 1980.
The Supreme Court held in 2002 that people convicted of murder who are intellectually disabled cannot be executed. The court gave states some discretion to decide how to determine intellectual disability. The justices have wrestled in several more recent cases about how much discretion to allow.
The Texas court’s approach, said Justice Ruth Bader Ginsburg, opens “the door to inconsistent results, depending on who is sitting on the trial court bench, something we try to prevent from happening in capital cases.” The court’s three other liberal justices and Justice Anthony Kennedy, voiced similar concerns.
Two years ago, Kennedy and the four liberal justices formed a majority when the court ruled unconstitutional a Florida law that barred any other evidence of intellectual disability if an inmate’s IQ was over 70.
Texas looks at three main points to define intellectual disability: IQ scores, with 70 generally considered a threshold; an inmate’s ability to interact with others and care for him- or herself and whether evidence of deficiencies in either of those areas occurred before age 18.
The state, defending the Texas court ruling, said Moore had a troubled childhood with little supervision and scored 57, 77 and 78 on IQ tests before dropping out of school in the ninth grade. He’d been convicted four times of felonies by age 17 but never was diagnosed with an intellectual disability as a youth, the state argued.
Texas Solicitor General Scott Keller urged the justices to leave the state court ruling in place, arguing that the Texas court does not always rule for the state in cases in which defendants claim they are intellectually disabled.
Representing Moore, Washington lawyer Clifford Sloan said Texas does not rely on clinical standards for diagnosing intellectual disability, which he said stands “in sharp contrast” to the earlier Supreme Court rulings.
A decision in Moore v. Texas, 15-797, is expected by June.
2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
2 of 30
3. Vegan! The Impossible burger at Crossroads
3 of 30
4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
4 of 30
5. Jus haaaanngin out
5 of 30
6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
6 of 30
7. No limits... Photo cred: Chris Bridges @ludacris
7 of 30
8. new new
8 of 30
9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
9 of 30
10. hey ma! 🎎#wcw 💙
10 of 30
11. Surprise visit to our factories!!! #GoodAmerican #USA
11 of 30
12 of 30
13. Peachy Keen 🔥✨⚡️
13 of 30
14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
14 of 30
15. Late nights @nbcmarlon with the writers... we in here!!!
15 of 30
16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
16 of 30
17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
17 of 30
18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
18 of 30
19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
19 of 30
20. #BrotherlyLove #tbt
20 of 30
21 of 30
22. #basel #TeamLOVE @kingcombs
22 of 30
23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
23 of 30
24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
24 of 30
25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
25 of 30
26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
26 of 30
27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
27 of 30
28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
28 of 30
29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
29 of 30
30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
30 of 30
Continue reading Supreme Court Seems To Favor Texas Death Row Inmate