Intellectual disability and execution
Bobby James Moore v. Texas
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.

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Justice Roberts wrote separately that Texas repeated errors the Supreme Court had condemned before, including using outdated factors and emphasizing Moore’s everyday strengths rather than his limitations.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.”
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
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Opinion added: Moore
Opinion added: opinion
Brief added: Petition
Court Order added: Lower Court Orders/Opinions
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.