<p>An intellectually disabled Texas man who served nearly 40 years on death row has been released from prison.</p>.<p>Bobby James Moore, 60, was released August 6 and now lives with his brother, said Robert Hurst, a spokesman for the Texas Department of Criminal Justice.</p>.<p>Moore was convicted in 1980 of capital murder for the shooting death of store clerk James McCarble during a robbery that April, the Houston Chronicle reported. Moore was 20 at the time.</p>.<p>His attorneys had argued that his execution would be unconstitutional because the test used to evaluate his mental abilities was not accurate.</p>.<p>For the second time, the US Supreme Court sided with Moore last year, saying that it would be unconstitutional to execute him because of his mental disability.</p>.<p>The Texas Court of Criminal Appeals agreed to uphold the higher court's decision in 2019 and changed Moore's sentence to life in prison. He was granted parole in June.</p>.<p>Moore's appellate attorneys did not return the newspaper's request for comment.</p>.<p>After the Supreme Court's first review of Moore's case in 2017, the state Court of Criminal Appeals agreed to come up with new standards to measure intellectual disabilities.</p>.<p>Just last week, 50-year-old Gilmar Guevara became the seventh Texan to have a death sentence commuted because of the Supreme Court's 2017 decision. </p>
<p>An intellectually disabled Texas man who served nearly 40 years on death row has been released from prison.</p>.<p>Bobby James Moore, 60, was released August 6 and now lives with his brother, said Robert Hurst, a spokesman for the Texas Department of Criminal Justice.</p>.<p>Moore was convicted in 1980 of capital murder for the shooting death of store clerk James McCarble during a robbery that April, the Houston Chronicle reported. Moore was 20 at the time.</p>.<p>His attorneys had argued that his execution would be unconstitutional because the test used to evaluate his mental abilities was not accurate.</p>.<p>For the second time, the US Supreme Court sided with Moore last year, saying that it would be unconstitutional to execute him because of his mental disability.</p>.<p>The Texas Court of Criminal Appeals agreed to uphold the higher court's decision in 2019 and changed Moore's sentence to life in prison. He was granted parole in June.</p>.<p>Moore's appellate attorneys did not return the newspaper's request for comment.</p>.<p>After the Supreme Court's first review of Moore's case in 2017, the state Court of Criminal Appeals agreed to come up with new standards to measure intellectual disabilities.</p>.<p>Just last week, 50-year-old Gilmar Guevara became the seventh Texan to have a death sentence commuted because of the Supreme Court's 2017 decision. </p>