By Associated Press - Wednesday, November 7, 2018

HOUSTON (AP) - Harris County prosecutors have filed a motion with the U.S. Supreme Court asking it to determine that a Texas appeals court was wrong to rule that a death row inmate is not intellectually disabled.

The filing Tuesday by the Harris County district attorney’s office comes after the Texas Court of Criminal Appeals in June ruled that Bobby James Moore is mentally capable enough to execute.

The office has previously argued that Moore’s intellectual disability should result in a life sentence.

The appeals court finding prompted Moore’s attorneys to file their second appeal to the Supreme Court.

It’s unusual in a death penalty case for prosecutors to agree with the defense that a defendant should be spared from execution.

Moore was convicted of fatally shooting a Houston grocery store clerk in 1980 during a robbery.

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