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Thread: Bobby James Moore - Texas

  1. #51
    Moderator Dave from Florida's Avatar
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    Quote Originally Posted by Aaron View Post
    And now I'm unsure of what to expect from Kavanaugh. He voted to vacate Ray's stay, and seems unlikely to extend further protections. But he also seems hesitant to reverse precedent.
    You never know what to expect from the Justices. Kavanaugh has never dealt with capital cases before.
    A lot of people don't know this but the two so called "arch conservatives", Scalia and Thomas were the downfall of Arizona and Florida's capital statutes ruling with the prisoner in Apprendi v New Jersey in 2000. Breyer actually voted with the state. Apprendi wasn't a death penalty case but SCOTUS extended it to capital cases with Ring.

  2. #52
    Administrator Aaron's Avatar
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    Reduced to life in prison by the TCCA today.

    http://search.txcourts.gov/SearchMed...4-77302752e982

    Anthony Kennedy's stink persists. Hopefully they can at least keep Moore in administrative segregation to make his remaining years as miserable as possible.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  3. #53
    Senior Member Frequent Poster schmutz's Avatar
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    I expect he is eligible immediately for a parole hearing.

  4. #54
    Administrator Aaron's Avatar
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    Most definitely, since LWOP wasn't around when he was sentenced. Hopefully he never gets to be free. I don't think bring eligible for parole automatically takes solitary confinement off the table though.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  5. #55
    Moderator Ryan's Avatar
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    #663 Bobby James Moore was resentenced to life and entered general population with new number #02293549 at the Byrd Unit 11/8/19.
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  6. #56
    Moderator Ryan's Avatar
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    Bobby Moore's Supreme Court case changed how Texas defines intellectual disabilities. After 40 years in prison, he's just been granted parole

    Moore was resentenced from the death penalty to life in prison last year after the U.S. Supreme Court determined he was intellectually disabled. Since he had already served 40 years, he was immediately eligible for parole

    After 40 years behind prison bars — almost all of which was spent on Texas' death row — a 60-year-old man whose case changed Texas death penalty practices was granted parole Monday.

    The Texas Board of Pardons and Paroles voted in favor of Bobby Moore's release once a review and audit of his discharge paperwork is completed, chair David Gutiérrez said in an email obtained by The Texas Tribune to a bipartisan group of state lawmakers who advocated for his release.

    Moore was originally sentenced to death 40 years ago, after he fatally shot a 73-year-old clerk during a Houston robbery. But his case pinged back and forth from from Texas courts to the U.S. Supreme Court since 2017, setting new standards for how Texas determines intellectual disability in death penalty cases.

    The high court twice slammed Texas' method for determining the disability, which had relied on decades-old medical standards and a controversial set of factors created by judges. Several men, including Moore himself, have since been taken off of death row after courts determined — under the new criteria formed — they were intellectually disabled and therefore ineligible for the death penalty.

    Moore was sentenced to death in 1980, before the punishment of life in prison without the possibility of parole was enacted and prisoners with life sentences were eligible for parole after 20 years. Because of that, he became eligible for parole when he was resentenced to life in November. Harris County District Attorney Kim Ogg supported the change of sentence.

    In March, a group of 23 bipartisan lawmakers, all of whom are part of a newly formed, bipartisan Texas House Criminal Justice Reform Caucus sent a letter to the parole board, asking for Moore's release. They said that he missed 20 years of parole reviews while wrongly on death row.

    "Mr. Moore has been improperly denied both numerous parole reviews and the chance to meet some of the criteria that would weigh in his favor at them," the lawmakers said in their letter. "That is wrong, and while we will continue to work towards legislative solutions to the issues that led us here, you have the opportunity to act right now — to step in where the legislature has failed to step up."

    Last year, a bill with bipartisan support inspired by Moore's case did not make it out of the Texas Legislature. The bill, authored by state Rep. Senfronia Thompson, a Houston Democrat who is also a part of the caucus, was originally written to allow capital murder defendants to request pretrial hearings to determine if they are intellectually disabled and therefore ineligible for the death penalty.

    https://www.texastribune.org/2020/06...-moore-parole/
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  7. #57
    Administrator Aaron's Avatar
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    A disgusting travesty. Kennedy ought to be ashamed of himself. What the majority of SCOTUS did was bad enough, but now the board foolishly compounds it. And he wasn't "wrongfully" on death row. His confinement there was proper until SCOTUS egregiously abused its power.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  8. #58
    Senior Member CnCP Legend Mike's Avatar
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    Houston man at center of landmark death row case released from prison

    By Julian Gill
    Houston Chronicle

    A Houston man who served nearly four decades on death row, in a landmark case that changed how Texas evaluates intellectually disabled inmates, has been released from prison, the Texas Department of Criminal Justice confirmed Tuesday.

    Bobby James Moore, 60, was released Aug. 6 and has been living with his brother in Houston, said TDCJ spokesman Robert Hurst. He has been assigned to the maximum level of supervision with special release conditions, including attending educational or vocational training and not communicating with the victim or the victim’s family. He also has been ordered to submit to electronic monitoring and drug tests.

    Moore, who is intellectually disabled, was convicted in 1980 of capital murder. Attorneys had argued since at least 2014 that his execution would be unconstitutional, because the original test used to evaluate his mental capacity was not accurate.

    His case twice appeared before the Supreme Court, and both times justices sided with Moore. A years-long legal struggle ended in 2019, when the Texas Court of Criminal Appeals agreed to change his sentence to life in prison. Moore was granted parole in June.

    His appellate attorneys could not be reached for comment.

    The original capital murder charge stems from a killing in April 1980, when a 20-year-old Moore was one of three men involved in a botched store robbery near Houston’s Memorial Park. He shot and killed elderly clerk James McCarble. By July of that year, he was sentenced to death and booked into prison.

    Although it’s not constitutional to execute intellectually disabled prisoners, for years Texas relied on a nonclinical test to evaluate mental capacity, according to earlier reporting in the Houston Chronicle. The test, named after plaintiff Jose Briseño, asked seven questions to determine intellectual disability. It famously used Lennie, a character from John Steinbeck’s novel “Of Mice and Men,” as an example of someone most Texans would agree should be exempt from the death penalty.

    Even under that standard, a Harris County court determined that Moore’s execution would be unconstitutional. He had failed every grade in school, did not understand the days of the week by age 13, and even as an adult fell below the standard for being able to live independently, according to earlier reports.

    Following the Supreme Court’s first review of his case in 2017, the state Court of Criminal Appeals agreed to come up with new standards to measure intellectual disabilities, paving the way for other prisoners to get off death row over mental capacity concerns.

    Last week, 50-year-old Gilmar Guevara became the seventh person in Texas to have a death sentence commuted because of intellectual disability since that Supreme Court decision.

    https://www.msn.com/en-us/news/crime...on/ar-BB19z8kc

    Life sentence =10 months
    Last edited by Mike; 09-30-2020 at 06:04 PM.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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