Skip to main content

Intellectual disability and execution

Bobby James Moore v. Texas

Updated Oct 18, 2026

In brief

The Supreme Court overturned the Texas court’s ruling and sent Moore’s case back; it did not finally decide his eligibility for execution.

Where it stands
Decided

Decided · February 19, 2019 · Per curiam

What it’s about
The Supreme Court overturned the Texas Court of Criminal Appeals’ ruling that Bobby James Moore was not intellectually disabled and was eligible for the death penalty, then sent the case back for further proceedings (remanded).
Who it affects
Moore’s execution eligibility remains unresolved while his case returns to the Texas Court of Criminal Appeals for more proceedings.

Summary: written with AI from the case record.

Illustration for Bobby James Moore, Petitioner v. Texas
Conceptual illustration · AI-generated

What it's about

The Supreme Court had sent an earlier Texas ruling in Moore’s case back in 2017 and said Texas should assess intellectual disability under contemporary standards.

Question presented

1. Whether the Eighth Amendment and this Court’s decision in Moore v. Texas, 137 S. Ct. 1039 (2017) prohibit relying on non-clinical criteria and lay stereotypes, rather than current medical standards, to determine whether a capital defendant is intellectually disabled. 2. Whether it violates the Eighth Amendment to proceed with an execution when the prosecutor and the defendant both agree that the defendant is intellectually disabled and may not be executed.

What the Court decided

Holding

The judgment of the Texas Court of Criminal Appeals is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.

Result
Reversed

The Court's reasoning

Chief Justice Roberts wrote separately that Texas repeated errors the Supreme Court had condemned before, including using outdated factors and emphasizing Moore’s everyday strengths rather than his limitations.

The vote

Majority author
Per Curiam

From the opinions

“On remand, the Court of Criminal Appeals adopted the leading contemporary clinical standards for assessing intellectual disability, applied those standards to the record, and once again determined that Moore is eligible for the death penalty.”

— Justice Alito(dissent)

What's next

The Texas Court of Criminal Appeals will take up Moore’s case again in proceedings consistent with the Supreme Court’s opinion.

Documents

4

Docket activity

9
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 18, 2026 · Court records

Show 4 more
  • Opinion added: Moore

    Feb 19, 2019 · Court records

  • Opinion added: opinion

    Feb 19, 2019 · Court records

  • Brief added: Petition

    Oct 4, 2018 · Court records

  • Court Order added: Lower Court Orders/Opinions

    Aug 14, 2018 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis