The Daily Caller | 11/29/2018 | Staff
jollyjetta (Posted by) Level 3
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Conservative legal luminary Ken Starr is backing a Texas death row inmate who is asking the U.S. Supreme Court to stop his pending execution because he is mentally disabled.

The inmate, Bobby James Moore, was sentenced to death for murdering a store clerk during a botched robbery. Moore’s IQ is in the disability range, and he struggled with basic functions like arithmetic and telling time well into his adolescence.

Doubt - Faith - Judges - Texas - Decision

“While I have no doubt about the good faith of the esteemed judges in Texas, their decision deviates sharply from the Supreme Court’s prior decision,” Starr wrote in a Thursday op-ed for The Washington Post. “The Supreme Court justices should again accept review of Moore’s case and summarily reverse this latest ruling.”

The Supreme Court prohibited the execution of the disabled in a 2002 decision called Atkins v. Virginia. However, different states use different factors to assess and identify mental deficiency in convicts. Moore was found competent under Texas’ framework.

Moore - Attorneys - Texas - Test - Stereotypes

Moore and his attorneys challenged the Texas test, arguing it was unreliable because it incorporated stereotypes and non-medical criteria, including some which derived from the Lennie Small character in “Of Mice and Men.” The case reached the Supreme Court in 2016 — the justices sided with Moore five to three, and found the Texas test unconstitutional.

“Based on the findings of the habeas court, the clear import of the Supreme Court’s conclusions, and our review of...
(Excerpt) Read more at: The Daily Caller
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