Supreme Court Review 2016/2017 TERM
SUNDAY, JUNE 25, 2017
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Issue:  Death Penalty

Moore v. Texas

15-797

QUESTION(S) PRESENTED

1. Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida, 134 S. Ct. 1986 (2014) and Atkins v. Virginia, 536 U.S. 304 (2002) to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.

2. Whether execution of a condemned individual more than three-and-one-half decades after the imposition of a death sentence violates the Eighth Amendment’s prohibition against cruel and unusual punishment.

DECISION

Decided March 28, 2017 HOLDING

By rejecting the habeas court’s application of medical guidance and by following the Briseno standard, including the nonclinical Briseno factors, the CCA’s decision does not comport with the Eighth Amendment and this Court’s precedents.

Agree image Justice Kagan
Agree Kagan
Agree w/ Roberts image Justice Alito
Agree w/ Roberts Alito
Author image Justice Ginsburg
Author Ginsburg
Agree image Justice Kennedy
Agree Kennedy
Dissent Author image Chief Justice Roberts
Dissent Author Roberts
Agree w/ Roberts image Justice Thomas
Agree w/ Roberts Thomas
Agree image Justice Breyer
Agree Breyer
Agree image Justice Sotomayor
Agree Sotomayor
Recused image Justice Gorsuch
Recused Gorsuch

GINSBURG, J., delivered the opinion of the Court, in which KENNEDY, BREYER, SOTOMAYOR, and KAGAN, JJ., joined. ROBERTS, C. J., filed a dissenting opinion, in which THOMAS and ALITO, JJ., joined.

Text of Opinion
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PROCEEDING BELOW

Court of Criminal Appeals of Texas
Decided September 16, 2015
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SUPREME PODCAST COVERAGE

DATE TITLE CASE STAGE LISTEN NOW
2016-12-03 Use of Current Medical Standards to Revisit Prior Disability Determinations in Death Penalty Cases Oral Argument go to coverage