2nd Texas death row inmate declared intellectually disabled
For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. “My faith in the criminal justice system is strengthened by the Texas courts’ serious recent consideration of the claim that Mr. Guevara is intellectually disabled and thus ineligible for the death penalty under the U.S. Constitution," said Gretchen Sween, one of his attorneys. The ruling follows the appeals court's decision last week to resentence another Texas death row inmate, Juan Lizcano, to life in prison because he was also found to be intellectually disabled. The Texas appeals court's decisions in the two cases follows a U.S. Supreme Court ruling in 2017 that eventually changed the way Texas determines whether a defendant is intellectually disabled and thus ineligible for execution. In 2004, the Texas appeals court created additional factors, including whether an individual’s conduct showed leadership and whether a person could “hide facts or lie effectively.” In its ruling in the case of another former Texas death row inmate, Bobby James Moore, the high court said those factors have no grounding in prevailing medical practice and invite lay stereotypes to guide assessment of such disability.
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