Portal:Supreme Court of the United States, Bobby James Moore v. Texas (2019)
“ The Court’s foray into factfinding is an unsound departure from our usual practice. The error in this litigation was not the state court’s decision on remand but our own failure to provide a coherent rule of decision in Moore. ”
Portal:Supreme Court of the United States, Bobby James Moore v. Texas (2019)
“ I would deny the petition for a writ of certiorari. I certainly would not summarily reverse and make our own finding of fact without even giving the State the opportunity to brief and argue the question. ”
Portal:Supreme Court of the United States, Bobby James Moore v. Texas (2019)
“ It still does. But putting aside the difficulties of applying Moore in other cases, it is easy to see that the Texas Court of Criminal Appeals misapplied it here. On remand, the court repeated the same errors that this Court previously condemned–if not quite in haec verba, certainly in substance. The court repeated its improper reliance on the factors articulated in Ex parte Briseno, 135 S. W. 3d 1, 8 (Tex. Crim. App. 2004) , and again emphasized Moore’s adaptive strengths rather than his deficits. That did not pass muster under this Court’s analysis last time. It still doesn’t. ”
