Moore v. Texas
The Court Says States Must Rely on Current Medical Standards in Death Penalty Cases
Moore v. Texas was featured in Death Penalty and Intellectual Ability, Supreme Court Debates (January 2017). The following is excerpted from the 5-to-3 majority opinion written by Justice Ginsburg, as prepared by the Court Reporter of Decisions. By rejecting the habeas court’s application of medical guidance and by following the Ex Parte Briseno [Tex. Crim. App. (2004)] standard, including the nonclinical Briseno factors, the Texas Court of Criminal Appeals’ [CCA’s] decision does not comport with the Eighth Amendment and this Court’s precedents. The Eighth Amendment, which “reaffirms the duty of the government to respect the dignity of all persons,” Hall…
