The US Supreme Court on February 19 summarily reversed the death sentence of Bobby James Moore, an intellectually disabled individual. DLA Piper filed an amicus brief in the matter in November 2018 on behalf of the American Bar Association. The brief, which was prepared on a pro bono basis, argued that Moore’s sentence should be reversed because the Texas Court of Criminal Appeals had failed to follow the Supreme Court’s mandate regarding the constitutional standard under the Eighth Amendment for diagnosing intellectual disability.
The Supreme Court had previously reversed a death sentence in Moore’s case, providing clear instructions as to how Texas could comply with the Eighth Amendment in determining whether or not a defendant is intellectually disabled, and thus whether or not a defendant can be subjected to the death penalty. In reversing Moore’s most recent sentence, the Supreme Court held that the Texas Court of Criminal Appeals had failed to heed its previous directive not to determine intellectual disability by using factors that “had no grounding in prevailing medical practice” and that considered “lay perceptions” and “stereotypes” of intellectual disability. Based on the trial court record, the Supreme Court held that Moore has shown he is intellectually disabled and cannot be subjected to the death penalty.
“The Eighth Amendment prohibits the execution of intellectually disabled persons, but rather than relying on clinical standards to determine whether Mr. Moore fit the definition of intellectually disabled, the Texas Court of Criminal Appeals created its own approach,” said Ilana Eisenstein, a partner in the firm’s Philadelphia office who led the drafting of the amicus brief. “The Supreme Court’s ruling affirms the importance of determining intellectual disability in a way that is informed by modern medical standards rather than relying on common perceptions of those with intellectual disabilities.”
DLA Piper’s amicus brief is one of several recent efforts by the firm to ensure that individuals facing the death penalty in the United States receive the constitutional protections they deserve. The firm also recently filed amicus briefs in support of death row inmates in Florida and Missouri whose sentences were not fully imposed by a jury. The firm also provides direct representation to individuals on death row in Florida and Mississippi.
In addition to Eisenstein, associates Ben Fabens-Lassen (Philadelphia), Ethan Townsend (Wilmington), Paul Schmitt (Washington, DC) and Maia Sevilla-Sharon (Miami) supported the preparation of the amicus brief, which can be viewed here. The Supreme Court opinion can be read here.
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