Page:Bobby James Moore v. Texas.pdf/8

8 For another thing, the court of appeals relied heavily upon adaptive improvements made in prison. See Moore, 581 U. S., at ___ (slip op., at 13) (“caution[ing] against reliance on adaptive strengths developed” in “prison”); supra, at 3. It concluded that Moore has command of elementary math, but its examples concern trips to the prison commissary, commissary purchases, and the like. Ex parte Moore II, 548 S. W. 3d, at 566–569. It determined that Moore had shown leadership ability in prison by refusing, on occasion, “to mop up some spilled oatmeal,” shave, get a haircut, or sit down. Id., at 570–571, and n. 149. And as we have said, it stressed correspondence written in prison. Id., at 565. The length and detail of the court’s discussion on these points is difficult to square with our caution against relying on prison-based development.

Further, the court of appeals concluded that Moore failed to show that the “cause of [his] deficient social behavior was related to any deficits in general mental abilities” rather than “emotional problems.” Id., at 570. But in our last review, we said that the court of appeals had “departed from clinical practice” when it required Moore to prove that his “problems in kindergarten” stemmed from his intellectual disability, rather than “ ‘emotional problems.’ ” Moore, 581 U. S., at ___ (slip op., at 14) (quoting Ex parte Moore I, 470 S. W. 3d, at 488, 526)). And we pointed to an amicus brief in which the APA explained that a personality disorder or mental-health issue is “not evidence that a person does not also have intellectual disability.” 581 U. S., at ___ (slip op., at 14) (quoting Brief for APA et al. as Amici Curiae in No. 15–797, at 19).

Finally, despite the court of appeals’ statement that it would “abandon reliance on the Briseno evidentiary factors,” Ex parte Moore II, 548 S. W. 3d, at 560, it seems to have used many of those factors in reaching its conclusion. See supra, at 4 (detailing those factors). Thus, Briseno