The United States Supreme Court is set to hear arguments in the case of Bobby James Moore.
Moore was sentenced to death for killing a man during a robbery in Houston back in 1980.
Moore claims that he is intellectually disabled.
“The Supreme Court in 2002 ruled that a person who is sentenced to death, but who is intellectually disabled, cannot be executed,” South Texas College of Law professor Kenneth Williams said.
But the high court left it up to the states to define “intellectually disabled.”
“In most states, the definition is fairly close to the medical definition what constitutes intellectually disabled, however, Texas came up with an approach that is somewhat different,” he said.
Williams said Texas’ standard is more legal than medical.
“The question for the court is basically is Texas allowed to use a non-medical standard for determining whether or not somebody is intellectually disabled,” he said.
Justices hear the arguments Tuesday.