Moore v. Texas

When this case was before us two years ago, I wrote in dissent that the majority's articulation of how courts should enforce the requirements of Atkins v. Virginia , 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), lacked clarity. Moore v. Texas , 581 U.S. ----, ---- - ----, 137 S.Ct. 1039, 1048-1050, 197 L.Ed.2d 416 (2017). It still does. But putting aside the difficulties of applying Moore in other cases, it is easy to see that the Texas Court of Criminal Appeals misapplied it here. On remand, the court repeated the same errors that this Court previously condemned-if not quite in haec…