8th Amendment

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US Supreme Court

Case Name: Moore v. Texas

Case No.: 15-797

Focus: 8^th Amendment

By rejecting the habeas court’s application of medical guidance and by following the Briseno standard, including the nonclinical Briseno factors, the CCA’s decision does not comport with the Eighth Amendment and this Court’s precedents

“The Eighth Amendment, which “ ‘reaffirms the duty of the government to respect the dignity of all persons,’ ” Hall, 572 U. S., at ___, prohibits the execution of any intellectually disabled individual, Atkins, 536 U. S., at 321. While Atkins and Hall left to the States “the task of developing appropriate ways to enforce” the restriction on executing the intellectually disabled, Hall, 572 U. S., at ___ (internal quotation marks omitted), States’ discretion is not “unfettered,” id., at ___, and must be “informed by the medical community’s diagnostic framework,” id., at ___–___. Relying on the most recent (and still current) versions of the leading diagnostic manuals, the Court concluded in Hall that Florida had “disregard[ed] established medical practice,” id., at ___, and had parted ways with practices and trends in other States, id., at ___–___. Hall indicated that being informed by the medical community does not demand adherence to everything stated in the latest medical guide. But neither does precedent license disregard of current medical standards. “

Vacated and Remanded

Concurring:

Dissenting: Roberts, Thomas, Alito,

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.