Editor's Note :

Editor's Note :

Our first interim Stat Pack for October Term 2016, prepared by Kedar Bhatia, is available at this link.

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Moore v. Texas

Docket No. Op. Below Argument Opinion Vote Author Term
15-797 Tex. Crim. App. Nov 29, 2016
Tr.Aud.
Mar 28, 2017 5-3 Ginsburg OT 2016

Holding: By rejecting the habeas court's application of current medical diagnostic standards and by following the standard under Ex parte Briseno, including the nonclinical Briseno factors, the decision of the Texas Court of Criminal Appeals does not comport with the Eighth Amendment and Supreme Court precedents.

Judgment: Vacated and remanded, 5-3, in an opinion by Justice Ginsburg on March 28, 2017. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas and Alito joined.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 15 2015Petition for a writ of certiorari filed. (Response due January 19, 2016)
Jan 19 2016Brief amicus curiae of Constitutional Accountability Center filed.
Jan 19 2016Brief amici curiae of The National Religious Campaign Against Torture, et al. filed.
Jan 19 2016Brief amici curiae of International Organizations Interested in Medical Expertise, Psychiatry and Criminal Justice filed.
Jan 19 2016Brief amici curiae of International Law and Human Rights Institutes, Societies, Practitioners and Scholars filed.
Jan 19 2016Brief amici curiae of The American Academy of Psychiatry and the Law, et al. filed.
Jan 20 2016Order extending time to file response to petition to and including February 18, 2016.
Feb 18 2016Order further extending time to file response to petition to and including March 18, 2016.
Mar 18 2016Brief of respondent Texas in opposition filed.
Apr 1 2016Reply of petitioner Bobby James Moore filed.
Apr 6 2016DISTRIBUTED for Conference of April 22, 2016.
Apr 25 2016DISTRIBUTED for Conference of April 29, 2016.
Apr 27 2016Record Requested .
May 6 2016Record received from the Court of Criminal Appeals of Texas. The record is electronic.
May 9 2016DISTRIBUTED for Conference of May 12, 2016.
May 16 2016DISTRIBUTED for Conference of May 19, 2016.
May 23 2016DISTRIBUTED for Conference of May 26, 2016.
May 31 2016DISTRIBUTED for Conference of June 2, 2016.
Jun 6 2016Petition GRANTED limited to Question 1 presented by the petition.
Jun 14 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jun 28 2016Consent to the filing of amicus curiiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 11 2016The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 28, 2016.
Jul 11 2016The time to file respondent's brief on the merits is extended to and including September 6, 2016.
Jul 28 2016Brief of petitioner Bobby James Moore filed.
Jul 28 2016Joint appendix filed. (Statement of costs filed.)
Aug 3 2016Brief amici curiae of American Civil Liberties Union, and the ACLU of Texas filed.
Aug 4 2016Brief amici curiae of International Organizations and Individuals Interested in Medical Expertise and Psychiatry filed.
Aug 4 2016Brief amici curiae of American Psychological Assocation, et al. filed.
Aug 4 2016Brief amicus curiae of The American Bar Association filed.
Aug 4 2016Brief amici curiae of The American Association on Intellectual and Developmental Disabilities, et al. filed.
Aug 4 2016Brief amicus curiae of The Constitution Project filed.
Sep 6 2016Brief of respondent Texas filed.
Sep 13 2016Brief amici curiae of Arizona, et al. filed.
Sep 13 2016Brief amicus curiae of Criminal Justice Legal Foundation filed.
Oct 6 2016Proposal of counsel for petitioner to lodge copies of opinions, cited in the reply brief, which are not available electronically.
Oct 6 2016Reply of petitioner Bobby James Moore filed.
Oct 21 2016SET FOR ARGUMENT on Tuesday, November 29, 2016
Oct 26 2016CIRCULATED.
Nov 1 2016Record requested from the Court of Criminal Appeals of Texas.
Nov 4 2016Record received from the Court of Criminal Appeals of Texas is electronic.
Nov 29 2016Argued. For petitioner: Clifford M. Sloan, Washington, D. C. For respondent: Scott A. Keller, Solicitor General, Austin, Tex.
Mar 28 2017Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
May 1 2017MANDATE ISSUED.
May 1 2017JUDGMENT ISSUED.
 
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