STORY: "Texas Used Wrong Standard in Death Penalty Cases, Justices Rule," by reporter Adam Liptak, published by The New York Times on March 28, 2017.
GIST: "The Supreme Court on Tuesday continued a trend toward limiting capital punishment, rejecting Texas’ approach to deciding which intellectually disabled people must be spared the death penalty. Writing for the majority in the 5-to-3 decision, Justice Ruth Bader Ginsburg said Texas had failed to keep up with current medical consensus, relied too heavily on I.Q. scores and took account of factors rooted in stereotypes. “Texas cannot satisfactorily explain why it applies current medical standards for diagnosing intellectual disability in other contexts, yet clings to superseded standards when an individual’s life is at stake,” Justice Ginsburg wrote. She was joined by Justices Anthony M. Kennedy, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan..........The case, Moore v. Texas, No. 15-797, had attracted some attention for one aspect of Texas’ approach, which was partly drawn from a comparison to the fictional character of Lennie Small, the dim, hulking farmhand in John Steinbeck’s novella “Of Mice and Men.” In 2004, in the decision that set out the standards Texas uses, Judge Cathy Cochran of the Court of Criminal Appeals wrote that Lennie should be a legal touchstone. “Most Texas citizens might agree that Steinbeck’s Lennie should, by virtue of his lack of reasoning ability and adaptive skills, be exempt” from the death penalty, she wrote. When Mr. Moore’s case was argued in November, Justice Sotomayor said he was at least as intellectually disabled as Lennie. “The state had no problem in saying that Lennie, even though he could work, earn a living, plan his trying to hide the death of the rabbit he killed, that he could do all of those things, and yet he was not just mildly, but severely disabled,” she said. The opinions rendered Tuesday did not mention Lennie."
The entire story can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/