The Texas Court of Criminal Appeals has upheld the death sentence of Bobby Moore in a case over the definition of intellectual disability.
More than a year ago, the U.S. Supreme Court knocked down Texas’ method of determining intellectual disability for death-sentenced inmates in Moore’s case. On Wednesday, the Texas Court of Criminal Appeals accepted the use of current medical standards to determine intellectual disability but said Moore still fails to qualify — making him eligible for execution.
Last March, the U.S. Supreme Court ruled under Moore that Texas’ test for determining intellectual disabilities used outdated medical standards and rules invented by elected judges without any authority. The test included questioning if a neighbor or family member would consider the person disabled, the person’s ability to lie and the planning involved in the murder.
Moore’s case was sent back to the Texas court, which again collected filings from Moore and prosecuting office in his original sentence, the Harris County District Attorney.
In November, not only did Moore seek a reversal of his sentence, but the district attorney did as well. Harris County District Attorney Kim Ogg said in her filing to the court that Moore was intellectual disabled and requested that the Court of Criminal Appeals change its invalidated test to use current medical science to determine intellectual disability in the future.
Source: Texas Tribune Blue Left News
