Page:Bobby James Moore v. Texas.pdf/6

6 use “ ‘current medical diagnostic standards’ ” set forth in the American Psychiatric Association’s DSM–5. Id., at 559–560. In applying those standards to the trial court record, it found the State’s expert witness, Dr. Kristi Compton, “ ‘far more credible and reliable’ ” than the other experts considered by the trial court. Id., at 562. (As in our last opinion, we neither second nor second-guess that judgment.) And, as we have said, it reached the same conclusion it had before.

Moore has now filed a petition for certiorari in which he argues that the trial court record demonstrates his intellectual disability. He asks us to reverse the appeals court’s contrary holding. Pet. for Cert. 2. The prosecutor, the district attorney of Harris County, “agrees with the petitioner that he is intellectually disabled and cannot be executed.” Brief in Opposition 9. The American Psychological Association (APA), American Bar Association (ABA), and various individuals have also filed amicus curiae briefs supporting the position of Moore and the prosecutor. Brief for APA et al. as Amici Curiae; Brief for ABA as Amicus Curiae; Brief for Donald B. Ayer et al. as Amici Curiae. The Attorney General of Texas, however, has filed a motion for leave to intervene, and asks us to deny Moore’s petition. Motion for Leave to Intervene as a Respondent.

After reviewing the trial court record and the court of appeals’ opinion, we agree with Moore that the appeals court’s determination is inconsistent with our opinion in Moore. We have found in its opinion too many instances in which, with small variations, it repeats the analysis we previously found wanting, and these same parts are critical to its ultimate conclusion.

For one thing, the court of appeals again relied less upon the adaptive deficits to which the trial court had