Top Texas court says condemned inmate not mentally disabled
U.S. Courts Newsroom
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The Supreme Court last year said the state court used outdated standards to reach its earlier decision on Moore.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
-
Judge allows Palin's son therapeutic court for proceedings
U.S. Courts Newsroom 06/02/2018The eldest son of former Republican vice presidential candidate Sarah Palin will go through Alaska's therapeutic court system in a criminal case accusing him of assaulting his father last year at the family home.State District Judge David Wallace on ...
-
Supreme Court limits warrantless vehicle searches near homes
U.S. Courts Newsroom 06/02/2018The Supreme Court is putting limits on the ability of police to search vehicles when they do not have a search warrant.The court sided 8-1 Tuesday with a Virginia man who complained that police walked onto his driveway and pulled back a tarp covering...
-
Ohio court's visitor center adds plaster cast of Harding
U.S. Courts Newsroom 05/30/2018A plaster cast used to create a sculpture of President Warren G. Harding found at the Ohio Supreme Court is on display in the building's visitor education center.The likeness was donated by the former president's family.It was used to create the scul...
The Law Offices of John M. Lynch, LLC - Our goal is to serve you and make your experience a pleasant one
Our firm founder John M. Lynch is a proven trial lawyer with a record of success in state and federal courts. His former service as a police investigator and federal drug task force agent enable him to see a case from all sides. He is routinely hired by other attorneys to assist with criminal cases. His peer recognition is also evident in the recognition that he has earned with Top 100 Trial Lawyers, AV Preeminent Rating and Super Lawyers. He has also been named as one of the Best Attorneys in St. Louis, a Rising Star in Missouri and a Rising Star in Kansas. His unique and broad -based experience has led to unparalleled success that include dismissal of charges, acquittal and markedly beneficial settlements.
Attorney John M. Lynch comes from a strong law enforcement background with a decade of experience as a police investigator and federal drug task force agent. Paired with his legal degree from St. Louis University School of Law, Mr. Lynch provides a unique and candid perspective for people charged with a full range of criminal activities.