The Collin County Observer

Archives for: March 2010, 09

03/09/10

01:54:56 am, by bill

, 325 words,

Categories: Observer Opinions, Law, Crime & Punishment

SCOTUS refuses to hear appeal in Collin County Execution

Eric Lynn Moore has been appealing his conviction of the 1990 murder of Helen Ayers of Prosper.

Today, the United States Supreme Court refused to hear an appeal from the State of Texas, who was asking that his death sentence be reinstated.

Moore will now spend the rest of his natural life in prison.

Moore and three accomplices went to the Ayers' home and complained of having car trouble. Invited inside the home by Ayers' husband Robert, 53, the men pulled guns and robbed the couple of money and jewelry. The couple was forced into their bedroom, where they were both shot twice. Mrs. Ayers, shot in the head and leg, died. Her husband was shot twice in the back, but survived.

Moore and his accomplice, Kenneth Eugene Bruce were convicted in the 219th Collin County District Court and sentenced to die in 1991. Bruce was executed for Ayers' murder in 2004.

Moore's attorneys argued for years that he was mentally impaired, with an IQ below 70.

In 2002, the United Supreme Court declared the execution of mentally retarded persons unconstitutional, declaring it cruel and unusual punishment.

In 2003 Moore's lawyers sought a stay of execution while appealing his conviction on the grounds that he was mentally retarded. The Texas Court of Criminal Appeals rejected his claim and Moore appealed to the US District Court.

U.S. District Judge Leonard Davis gave him a hearing and found he should not be executed.

Texas appealed to the 5th Circuit Court of Appeals in New Orleans. A panel of that court reversed Judge Davis, but later the full court reversed the panel and set aside the death sentence, the court wrote, "After considering the evidence, the district court found Moore to be mentally retarded, and enjoyed the State from executing him."

The US Supreme Court has refused to hear the Texas appeal, thereby affirming the Circuit Court's decision sparing Moore's life.

Bill

See also Sherman Lawyer Gets a Man off Death Row, KTEN, March 8, 2010

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The Collin County Observer

Archives for: March 2010, 09

03/09/10

SCOTUS refuses to hear appeal in Collin County Execution