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Bobby James Moore v. Texas

Paid petition · Court of Criminal Appeals of Texas, No. WR-13,374-05 · judgment June 6, 2018

GVR'd · February 19, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the Eighth Amendment and this Court’s decision in Moore v. Texas, 137 S. Ct. 1039

  2. prohibit relying on non-clinical criteria and lay stereotypes, rather than current medical standards, to determine whether a capital defendant is intellectually disabled.

  3. Whether it violates the Eighth Amendment to proceed with an execution when the prosecutor and the defendant both agree that the defendant is intellectually disabled and may not be executed.

Counsel of record

For petitioner
Clifford M. Sloan
Georgetown University Law Center

For respondent
Scott Anthony Durfee
District Attorney's Office

Case

Conference history
Distributed for 5 conferences

Amicus briefs
3 cert-stage

Linked docket
18A163

Proceedings

  1. Mar 25 2019
    MANDATE ISSUED.
  2. Mar 25 2019
    JUDGMENT ISSUED.
  3. Feb 19 2019
    Motion of Attorney General of Texas for leave to intervene as a respondent DENIED. The Court has considered this filing as an amicus brief.
  4. Feb 19 2019
    The petition for certiorari is granted, the judgment is reversed, and the case is remanded for further proceedings not inconsistent with this opinion. Opinion per curiam. (Detached Opinion). The Chief Justice, concurring (Detached Opinion). Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting (Detached Opinion).
  5. Feb 04 2019
    DISTRIBUTED for Conference of 2/15/2019.
  6. Jan 14 2019
    DISTRIBUTED for Conference of 1/18/2019.
  7. Jan 07 2019
    DISTRIBUTED for Conference of 1/11/2019.
  8. Dec 20 2018
    DISTRIBUTED for Conference of 1/4/2019.
  9. Nov 20 2018
    DISTRIBUTED for Conference of 12/7/2018.
  10. Nov 19 2018
    Reply of petitioner Bobby James Moore filed.
  11. Nov 19 2018
    Response to motion from petitioner Bobby James Moore filed.
  12. Nov 08 2018
    Brief amici curiae of American Psychological Association, et al. filed.
  13. Nov 08 2018
    Brief amici curiae of Donald B. Ayer, et al. filed.
  14. Nov 08 2018
    Brief amicus curiae of American Bar Association filed.
  15. Nov 07 2018
    Motion For Leave to Intervene as a respondent filed by Attorney General of Texas.
  16. Nov 06 2018
    Brief of respondent Texas in opposition filed.
  17. Oct 04 2018
    Petition for a writ of certiorari filed. (Response due November 8, 2018)
  18. Aug 17 2018
    Application (18A163) granted by Justice Alito extending the time to file until October 4, 2018.
  19. Aug 14 2018
    Application (18A163) to extend the time to file a petition for a writ of certiorari from September 4, 2018 to November 3, 2018, submitted to Justice Alito.
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