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DA Ogg files brief in support of removing inmate from death row

December 5, 2018 

HOUSTON- Harris County District Attorney Kim Ogg submitted a brief to the United States Supreme Court in support of a death row inmate’s claim that he is intellectually disabled and cannot be executed.

Bobby James Moore was convicted and sentenced to death for the 1980 capital murder of grocery store clerk James McCardle.

Moore was later found to be intellectually disabled by the trial court.  However, the Texas Court of Criminal Appeals overruled the trial court to conclude that Moore does not meet the current clinical criteria for intellectual disability. 

Ogg’s brief, filed with the United States Supreme Court, supports reversing the Texas Court of Criminal Appeals opinion.

“We agree with the Supreme Court that the intellectually disabled should not be executed,” Ogg said.

Moore’s brief to the United States Supreme Court recognizes that DA Ogg “made the sound, principled, and laudable decision that Petitioner [Moore] suffers from intellectual disability and should not be executed”.  

The outcome of Moore’s appeal is pending.