Posted on 02/19/2019 8:12:53 AM PST by GIdget2004
The Supreme Court on Tuesday tossed out a death sentence for a Texas man who argued he could not be put to death because he is intellectually disabled.
The justices ruled 6-3, which included Chief Justice John Roberts, for Bobby James Moore.
The case centers on Moore's conviction of capital murder for fatally shooting a store clerk during a 1980 robbery.
Moore's lawyers have argued his death sentence violates the 8th Amendment's ban on cruel and unusual punishment because he is intellectually disabled. But the Texas Court of Criminal Appeals has twice ruled that Moore does not have an intellectual disability and is eligible for the death penalty.
Two years ago, the Supreme Court vacated the appeals court's first ruling and told the court to reassess Moore's intellectual disability under more contemporary standards.
The high court tossed out the lower court's second opinion on Tuesday.
"We conclude that the appeals court’s opinion, when taken as a whole and when read in the light both of our prior opinion and the trial court record, rests upon analysis too much of which too closely resembles what we previously found improper," the majority said in an unsigned opinion.
(Excerpt) Read more at thehill.com ...
The Stupreme Court strikes again.
I think living 39 years in a cell the size of a closet is worse than death.
Then he dies anyway, so I don't see the problem.
Only downside is (1) it costs so much, and (2) there's always a chance that politicians could see to it he gets let out some day.
Ginsburg, Breyer, Kagan, Sotomayor, Roberts and...?
Which of Alito, Thomas, Gorsuch and Kavanaugh flipped?
He shoulda been killed 38 years ago. Our justice system is hog tied.
Did he? This drooling idiot would nod to whatever a lawyer told him. “Death bad…life in prison good”. It’s a simple common denominator. I’d doesn’t take much of a spark of intellect (barely more than a labradoodle’s) to understand that. But I agree … kill him rather than ME paying to feed him for 30 more years.
“Which of Alito, Thomas, Gorsuch and Kavanaugh flipped?”
According to the last line of the article, it appears to be Kavanaugh that joined the majority opinion.
Kavanaugh, off to a good start. And everyone thought he was gonna be a solid conservative vote.
No, his lawyers made the argument on his behalf.
I was pretty pumped up about a more conservative court and now I have no idea why the left loses its sh*t over this court. Roberts is an idiot,Ginsberg will never die and kavanaugh is squishy. The days of a Constitutional and Originalist majority seem to be over.
As I stated earlier, he still had to agree to the defense unless there is a court order declaring him mentally incompetent.
One has to wonder what damage his confirmation process did to his effectiveness as a jurist.
IQ of 75. I wonder what the IQ of the average Muslim migrant or other illegal alien who rapes and kills is? Am I correct in assuming this guy is not going to be released, but has instead, avoided the death penalty?
So, no Democrat can ever be put to death, I guess!
So intellectually challenged people are allowed to kill you???? If they are that challenged, they should be institutionalized to protect the rest of us.
Notable dissents came from Justices Samuel Alito, Clarence Thomas and Neil Gorsuch.
I knew it!
So? He’s too stupid to understand what he did? Fine. When we strap him into the electric chair let’s tell him he’s going on a ride at Six Flags. He’ll be too stupid to know the difference.
Did he run, evade, or hide from police? Then he has no diminished capacity.
“So you have to be “smart enough”....to DIE?”
which makes this SCOTUS ruling one of the DUMBEST. The Texas Court ruled properly and sanely while the 6 morons require replacement.
Happens when every GOP SCOTUS nominee is a Catholic.
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