Does Modern Standard of Intellecutal Disability Apply to 35-Year Old Death Sentence?

After granting certiorari, the Supreme Court will determine whether the modern standard of an intellectual disability applies for a conviction after a 35-year delay for an execution

 Moore v Texas, U.S. No 15-797, cert. granted 6/6/16.

   The Supreme Court will review whether modern medical standards, not those at the time of conviction, should be used to determine if a defendant has an intellectual disability making him ineligible for the death penalty. Initially, the Texas Court of Criminal Appeals found Moore did not show by a preponderance of evidence that he was intellectually disabled, thereby making him eligible for execution. This ruling, however, does not take into consideration new standards adopted by the American Association on Intellectual and Developmental Disabilities and the American Psychiatric Association after the Supreme Court's decision in Atkins v. Virginia, which held that the Eight Amendment prevents the death penalty from being imposed on those with intellectual disabilities.