In 2015, the Texas Court of Criminal Appeals held that Moore did not have an intellectual disability and was eligible for the death penalty. The Supreme Court vacated the decision. The appeals court reconsidered but reached the same conclusion in 2018. The Supreme Court again reversed, noting evidence that “Moore had significant mental and social difficulties beginning at an early age. At 13, Moore lacked basic understanding of the days of the week, the months of the year, and the seasons; he could scarcely tell time or comprehend the standards of measure or the basic principle that subtraction is the reverse of addition … because of his limited ability to read and write, Moore could not keep up with lessons. … Moore’s father, teachers, and peers called him ‘stupid’ for his slow reading and speech. After failing every subject in the ninth grade, Moore dropped out of high school … survived on the streets, eating from trash cans.” The court of appeal employed the correct legal criteria, examining: deficits in intellectual functioning—primarily a test-related criterion; adaptive deficits, “assessed using both clinical evaluation and individualized . . . measures”.; and the onset of these deficits while the defendant was still a minor. The court focused on adaptive deficits and found the state’s expert witness more credible and reliable than the other experts The Supreme Court held that the opinion repeated the analysis previously found improper; it relied, in part, on prison-based development, considered “emotional problems, ” and employed some “lay stereotypes of the intellectually disabled.” Moore has shown he is a person with intellectual disability.

Read the full opinion HERE.