Bloomberg Law
Feb. 19, 2019, 2:46 PM UTCUpdated: Feb. 19, 2019, 9:16 PM UTC

Divided High Court Throws Out Texas Death Sentence Again (2)

Jordan S. Rubin
Jordan S. Rubin
Reporter

A divided U.S. Supreme Court reversed a Texas state court for the second time in an unusual capital case where the district attorney sided with the condemned, and Chief Justice John G. Roberts Jr. switched sides.

The unsigned opinion saving intellectually disabled Bobby James Moore from execution further solidifies the high court’s battle lines in capital cases after Justice Anthony M. Kennedy’s departure from the bench last year, perhaps giving some small measure of relief to the death penalty defense bar.

Yet the high court’s latest foray into the hot-button issue still leaves open questions about Kennedy’s replacement, Justice Brett ...

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