Adam Liptak
The New York Times
Originally published August 22, 2016
Here is an excerpt:
Under medical standards from 1992, endorsed in Judge Cochran’s 2004 opinion, Mr. Moore was not intellectually disabled, the appeals court said. The court added that the seven factors listed in the 2004 opinion weighed heavily against Mr. Moore. He had, for instance, worn a wig during the robbery and tried to hide his shotgun in two plastic bags, which prosecutors said was evidence of forethought and planning.
In dissent, Judge Elsa Alcala said the 1992 medical standards used by the majority were “outdated and erroneous.” As for the seven factors, she wrote that “the Lennie standard does not meet the requirements of the federal Constitution.”
“I would set forth a standard,” Judge Alcala wrote, “that does not include any reference to a fictional character.”
The article is here.
