IN THE COURT OF CRIMINAL APPEALS OF TEXAS. Ex Parte Bobby James Moore, Applicant.

Similar documents
Case 1:18-cv Document 1 Filed 10/06/18 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

September 22, d 15, 92 S. Ct (1972), of the Old Order Amish religion and the Conservative Amish Mennonite Church.

CEDAR PARK CHRISTIAN SCHOOLS

No IN THE SUPREME COURT OF ILLINOIS

Case 1:12-cv RJS Document 8 Filed 01/29/13 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA CIVIL ACTION NUMBER 1:07-CV-00953

RESOLUTIONS BEFORE THE ANNUAL CONFERENCE

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

COMMONWEALTH OF MASSACHUSETTS SUPREME JUDICIAL COURT. No. SJC-12274

Supreme Court of the United States

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 93 ( CRIMINAL HISTORY BACKGROUND CHECKS ) OF THE MANALAPAN TOWNSHIP CODE Ordinance No.

>> ALL RISE. SUPREME COURT OF FLORIDA IS NOW IN SESSION. PLEASE BE SEATED. >> THANK YOU, NEXT CASE ON THE DOCKET IS WALLS v. STATE. >> MR.

NOT DESIGNATED FOR PUBLICATION. No. 117,387 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. DAVID SMITH, Appellant, REX PRYOR, Warden, Appellee.

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC

NOTICE OF APPEARANCE FOR RESPONDENT-APPELLANT, FOOD FOLKS & FUN, INC., dba KFC

The Philosophy of Ethics as It Relates to Capital Punishment. Nicole Warkoski, Lynchburg College

Case No D.C. No. OHS-15 Chapter 9. In re: CITY OF STOCKTON, CALIFORNIA, Debtor. Adv. No WELLS FARGO BANK, et al.

FACULTY APPLICATION FOR EMPLOYMENT Active for 180 Days

(Article I, Change of Name)

USA v. Glenn Flemming

In Brief: Supreme Court Revisits Legislative Prayer in Town of Greece v. Galloway

MEMORANDUM. Teacher/Administrator Rights & Responsibilities

Pastor Vacancy Announcement- How to Apply. Senior Pastor Search Opening Date April 17, 2017 Closing Date-June 19, 2017

Lancaster County Christian School Application for Coaching Positions

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION

UNIVERSAL PERIODIC REVIEW JOINT SUBMISSION 2018

CAUSE NO VS. ) TARRANT COUNTY, TEXAS ALL EPISCOPAL PARTIES' OBJECTIONS TO DEFENDANTS' SUMMARY JUDGMENT EVIDENCE

Pastoral Code of Conduct

PETITIONER, RESPONDENTS.

Case 1:11-cv RMC-TBG-BAH Document 42 Filed 09/15/11 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Of Mice And Men: The Execution of Marvin Wilson

The Rev. Canon Glenice Robinson-Como Canon Missioner for Outreach and Justice Ministries Christ Church Cathedral, Houston, TX

TENNESSEE TEMPLE UNIVERSITY 1815 Union Avenue, Chattanooga, TN Telephone: (423)

A FULL TIME PASTOR OPENING

GRADUATE RENEWAL BGCT MINISTRY SCHOLARSHIP APPLICATION

Marcus & Auerbach LLC Attorneys at Law 1121 N. Bethlehem Pike, Suite Spring House, PA 19477

SUPREME COURT OF VIRGINIA

AN ECCLESIASTICAL POLICY AND A PROCESS FOR REVIEW OF MINISTERIAL STANDING of the AMERICAN BAPTIST CHURCHES OF NEBRASKA PREAMBLE:

CONSTITUTION CAPITOL HILL BAPTIST CHURCH WASHINGTON, D.C. of the

Case 4:16-cv SMR-CFB Document 27 Filed 08/08/16 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION

Oneida County Title VI Policy Statement

SOUTHWEST CHRISTIAN ACADEMY

UNDERGRADUATE FIRST-YEAR BAPTIST MINISTRY SCHOLARSHIP APPLICATION

CITY OF UMATILLA AGENDA ITEM STAFF REPORT

[ORAL ARGUMENT NOT SCHEDULED] No IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

UnofficialCopyOfficeofChrisDanielDistrictClerk

No SUPREME COURT OF THE STATE OF WASHINGTON

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE April 16, 2009 Session

Florida Constitution Revision Commission The Capitol 400 S. Monroe Street Tallahassee, FL Re: Vote No on Proposals Amending Art.

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 98-CF-273. Appeal from the Superior Court of the District of Columbia (F )

PlainSite. Legal Document. North Carolina Middle District Court Case No. 1:07-cv MCFADYEN et al v. DUKE UNIVERSITY et al.

Case 4:18-cv Document 1 Filed in TXSD on 07/13/18 Page 1 of 20

6:13-cv GRA Date Filed 09/11/13 Entry Number 1 Page 1 of 25. UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Greenville Division

Code of Conduct for Priests and Deacons. Promulgated by. The Most Reverend Gregory L. Parkes. As particular law relating to the

Case 1:13-cv EGS Document 7-3 Filed 09/19/13 Page 1 of 8 EXHIBIT 3

In the United States Court of Appeals for the Ninth Circuit

I N T H E COURT OF APPEALS OF INDIANA

In the Supreme Court of Florida CASE NO. SC

UNDERGRADUATE FIRST-YEAR DBU MINISTERIAL SCHOLARSHIP APPLICATION

Supreme Court of the United States

Promoting. a safer church Safeguarding policy statement for children, young people and adults

MOTION TO SUPPRESS STATEMENTS

Lancaster County Christian School Application for Teaching Positions

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) THE HONORABLE NEIL V. WAKE, JUDGE

PROXY AND DIRECTIVE WITH RESPECT TO HEALTH CARE DECISIONS AND POST-MORTEM DECISIONS FOR USE IN CONNECTICUT INSTRUCTIONS

Case 1:13-cr LO Document 17 Filed 04/22/14 Page 1 of 8 PageID# 139

Introduction. Foursquare covenants to support the ministry of its local churches, including Local Church, by:

In The Court of Appeals For The First District of Texas NO CV

Re: Criminal Trial of Abdul Rahman for Converting to Christianity

NON-TEACHING EMPLOYMENT APPLICATION. Position Desired: Schedule Desired: Full-Time Part-Time Substitute Secondary Position Desired:

Diocese of San Jose Guidelines for The Catholic LGBT Ministry Council Patrick J. McGrath Bishop of San Jose

Answering the Call To Meet Human Needs

INTERNATIONAL CHURCHES OF CHRIST A California Nonprofit Religious Corporation An Affiliation of Churches. Charter Affiliation Agreement

DEPARTMENT OF HEALTH

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA AMENDED NOTICE OF FORMAL CHARGES

The Halachic Medical Directive

The Halachic Medical Directive

ACCREDITATION POLICY

No SPARTANBURG COUNTY SCHOOL DISTRICT SEVEN, a South Carolina body politic and corporate

Position(s) applied for Date of application / / m Walk-in m Bellevue Member, if different from above NAME. Name. Current Address.

EXECUTION AND INVENTION: DEATH PENALTY DISCOURSE IN EARLY RABBINIC. Press Pp $ ISBN:

Diocese of Sacramento Employment/Ministry in the Church Pre-Application Statement

Faculty Application for Employment

SAN FRANCISCO, CA POST OFFICE BOX U.S. COURT OF APPEALS OFFICE OF THE CLERK. PO Box Sac, CA M.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION

MOSAIC CHRISTIAN CHURCH. Official Bylaws of Mosaic Christian Church 1st Edition - December 2016 KNOW JESUS, SHOW JESUS, GROW JESUS

I. EXECUTION SET II. PARDON POWER IS INHERENT TO THE PEOPLE; CITIZENS HAVE STANDING TO APPLY

CODE OF PASTORAL CONDUCT FOR CHURCH PERSONNEL

Employment Agreement

Diocese of Sacramento Employment/Ministry in the Church Pre-Application Statement

90 South Cascade Avenue, Suite 1500, Colorado Springs, Colorado Telephone: Fax:

Supreme Court of the United States

+Faith Formation Handbook+

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF VIRGINIA Roanoke Division ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT.

If Everyone Does It, Then You Can Too Charlie Melman

No JESUS ALCAZAR, and CESAR ROSAS, THE CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE; HORATIO YANEZ,

The UU Society for Community Ministries Code of Professional Practice Adopted December 31, 2004 Revised September 1, 2010

THE FAIR OAKS PRESBYTERIAN CHURCH (FOPC) APPLICATION FOR EMPLOYMENT

Supreme Court of the United States

Transcription:

NO. WR-13,374-05 IN THE COURT OF CRIMINAL APPEALS OF TEXAS Ex Parte Bobby James Moore, Applicant. ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. 314483-C IN THE 185TH JUDICIAL DISTRICT HARRIS COUNTY BRIEF OF FAITH LEADERS AND RELIGIOUS ORGANIZATIONS AS AMICI CURIAE IN SUPPORT OF APPLICANT BOBBY JAMES MOORE Thomas E. O Brien Texas State Bar No. 24046543 Yaman Desai Texas State Bar No. 24101695 BAKER BOTTS LLP 2001 Ross Avenue Dallas, Texas 75201 Telephone: (214) 953-6500 Facsimile: (214) 661-4943 tom.obrien@bakerbotts.com yaman.desai@bakerbotts.com COUNSEL FOR AMICI CURIAE

TABLE OF CONTENTS Page(s) STATEMENT OF INTEREST OF AMICI... 1 INTRODUCTION... 4 ARGUMENT... 6 I. This Court must apply a standard for intellectual disability consistent with the standards of modern medicine.... 6 II. III. Under the standards of modern medicine, Mr. Moore is intellectually disabled and therefore ineligible for the death penalty.... 8 The faith and morality of both Texans and Americans as a whole dictate that Mr. Moore not be executed.... 9 CONCLUSION... 10 CERTIFICATE OF COMPLIANCE... 12 CERTIFICATE OF SERVICE... 13 i

TABLE OF AUTHORITIES Page(s) CASES Atkins v. Virginia, 536 U.S. 304 (2002)... 6, 7, 9, 10 Ex parte Briseno, 135 S.W.3d 1 (Tex. 2004)... 7 Hall v. Florida, 134 S. Ct. 1986 (2014)... 7 Moore v. Texas, 137 S. Ct. 1039 (2017)... 5, 7, 8, 9 ii

STATEMENT OF INTEREST OF AMICI Amici are a collection of faith leaders and religious organizations from across Texas and the nation who represent a wide array of faith traditions. They submit this brief because they are concerned about the protection of morality and appropriate justice. While they may have different views about the death penalty, they are united in their view that no intellectually disabled person including Bobby James Moore should be executed. The Evangelicals for Social Action is an organization that serves as a catalyzing agent for Christ s shalom through projects focused on cultural renewal, holistic ministry, political reflection and action, and social justice. The Dominican Sisters of Houston is a congregation of women religiously committed to teaching and preaching the Gospel through education and advocacy on crucial justice issues. The Red Letter Christians is a national public policy ministry that advocates a lifestyle prescribed by Scripture. The ministry seeks to amplify voices combining Biblical values and justice. The Texas Catholic Conference of Bishops is a federation of all Roman Catholic dioceses and ordinates in Texas. The public policy issues addressed by the federation include institutional concerns of the Catholic Church and issues related to Catholic moral and social teaching. 1

Archbishop Joseph A. Fiorenza is Archbishop Emeritus, Archdiocese of Galveston-Houston. Rabbi Samuel E. Karff is Rabbi Emeritus, Congregation Beth Israel in Houston, Texas. Reverend William A. Lawson is Pastor Emeritus, Wheeler Avenue Baptist Church in Houston, Texas. Reverend Lee Ann Bryce is Senior Pastor, First Congregational United Church of Christ - Fort Worth. Reverend Susan Buchanan is Reverend, United Methodist Church in Houston, Texas. Dr. Steve Bezner is Senior Pastor, Houston Northwest Church. Dr. Dan Darby is Senior Pastor, Coldspring United Methodist Church in Houston, Texas. Larry James is the Chief Executive Officer of CitySquare, a Dallas-based organization, formally known as Central Dallas Ministries, that serves the community in areas related to the persistence of poverty. Marv Knox is a Field Coordinator for Fellowship Southwest, a regional network affiliated with the Cooperative Baptist Fellowship. Mr. Knox does not speak on the organization s behalf. Reverend Allison Sandlin Liles is an Episcopal Minister in Dallas, Texas. 2

Ricky McClatchy is the Field Coordinator for Cooperative Baptist Fellowship in Texas, a network comprised of individuals and churches that work together to spread the hope of Christ. Mr. McClatchy does not speak on the network s behalf. Bishop Michael McKee is Resident Bishop, North Texas Conference of The United Methodist Church in Plano, Texas. Dr. Carolyn Clay Pickens is Institutional Advancement Director, Brentwood Baptist Church in Houston, Texas. Dr. Joe Samuel Ratliff is Pastor, Brentwood Baptist Church in Houston, Texas. Paul Randall is an Associate Pastor of Ecclesia, a Christian community that serves the City of Houston. Rabbi Samuel M. Stahl is Rabbi Emeritus, Temple Beth-El in San Antonio, Texas. Martin Troyer is Pastor, Houston Mennonite Church. Stephen C. Wells is Pastor, South Main Baptist Church in Houston, Texas. Notwithstanding their differences in theology, amici share the conviction that intellectually disabled people should not be put to death. 1 1 Amici s institutional affiliations are provided only for purposes of identification. No counsel or party made a monetary contribution intended to fund the preparation or submission of this brief. See TEX. R. APP. P. 11. 3

INTRODUCTION Every day, people are guided by their faith. They look to their faith in navigating the obstacles they face and cherishing the glories life brings them. Their faith is paramount, regardless of their age, educational background, or profession. As faith leaders, amici are blessed with a unique perspective into the beliefs of the people of both Texas and the United States, and share a duty to vocalize those beliefs. As representatives of a cross-section of faiths, amici stand firmly in their opposition to the implementation of the death penalty against people with intellectual disabilities. The costs of executing such people moral, human, and societal are unacceptable. Executing people with intellectual disabilities violates the ethical standards of the people of Texas and this country, the moral obligations owed to those with intellectual disabilities, and the Eighth Amendment s proscription of cruel and unusual punishments. But this case is not just about the immorality of executing people with intellectual disabilities. It is about the person before this Court: Bobby James Moore. As clear as it is that people with intellectual disabilities should not be executed, it is equally clear that Mr. Moore is intellectually disabled. After a two-day hearing in which several mental-health experts testified, the habeas court determined that Mr. Moore was intellectually disabled under the 4

current, generally accepted, and uncontroversial diagnostic definition of intellectual disability. See Moore v. Texas, 137 S. Ct. 1039, 1045 (2017). The habeas court recommended that this Court reduce Mr. Moore s sentence to life in prison or grant him a new trial. Id. at 1046. Unfortunately, this Court rejected the habeas court s recommendations and denied Mr. Moore habeas relief. Id. In its opinion, this Court relied on the definition of intellectual disability in an obsolete manual and evidentiary factors that are not based on any medical authority. Id. at 1046 47. Vacating this Court s judgment, the Supreme Court of the United States held that adjudications of intellectual disability must be informed by medical guidance and the medical community s diagnostic framework. Id. at 1053 (quotations omitted). Under current medical diagnostic standards, Mr. Moore is intellectually disabled and therefore ineligible for the death penalty, as the habeas court found. Mr. Moore s crime is one all amici condemn, and justice must be served for that offense. But justice is not served by executing a person who is intellectually disabled. As a society, we have a legal and moral duty to ensure that justice is carried out humanely and every intellectually disabled person including Mr. Moore is treated fairly and compassionately. This Court can and should ensure that no intellectually disabled person is executed in Texas. 5

Amici respectfully request that this Court faithfully apply the Supreme Court s holding and rule that Mr. Moore is intellectually disabled and therefore not eligible for the death penalty. ARGUMENT I. This Court must apply a standard for intellectual disability consistent with the standards of modern medicine. The Supreme Court of the United States has recognized the unconstitutionality of sentencing those with intellectual disabilities to death a constitutional principle this Court cannot merely acknowledge, but must properly apply. Doing so requires faithfully adhering to the Supreme Court s decision to ensure that Mr. Moore, an intellectually disabled person, is not executed. In 2002, the Supreme Court declared a national prohibition on executing people with intellectual disabilities. Atkins v. Virginia, 536 U.S. 304, 321 (2002). The Supreme Court held that there is no penological purpose for executing people with intellectual disabilities, and that the execution of such people is nothing more than the purposeless and needless imposition of pain and suffering, and hence unconstitutional. Id. at 319 (quotations omitted). In holding that application of the death penalty to those with intellectual disabilities is unconstitutional, the Supreme Court emphasized that the determination of whether a punishment is excessive is judged not by the standards that prevailed in 1685 when Lord Jeffreys presided over the Bloody Assizes or 6

when the Bill of Rights was adopted, but rather those that currently prevail. Id. at 311. The Court continued: The basic concept underlying the Eighth Amendment is nothing less than the dignity of man.... The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society. Id. at 311 12 (quotations omitted). A decade later, the Supreme Court instructed that the legal determination of intellectual disability must be informed by the medical community s diagnostic framework. Hall v. Florida, 134 S. Ct. 1986, 2000 (2014). In ruling that Florida s standard for determining intellectual disability violated the Eighth Amendment, the Supreme Court held that adjudications of intellectual disability must be informed by the views of medical experts, and that Florida s standard disregard[ed] established medical practice. Id. at 1995. In this case, the Supreme Court held that Atkins and Hall require courts to consult (and not disregard) current medical standards in determining intellectual disability. Moore, 137 S. Ct. at 1048 49. The Supreme Court approved of the habeas court s reliance on current medical standards, and ruled that this Court s adherence to superseded medical standards and reliance on the factors laid out in Ex parte Briseno, 135 S.W.3d 1 (Tex. 2004), violated the Eighth Amendment. Moore, 137 S. Ct. at 1048, 1053. 7

Amici agree that this Court should (and, under the Supreme Court s rulings, must) apply [t]he medical community s current standards in determining intellectual disability. Id. at 1053. As the Supreme Court acknowledged, using superseded medical standards and the Briseno factors creat[es] an unacceptable risk that people with intellectual disabilities will be executed. Id. at 1044. The legal and moral prohibition against executing people with intellectual disabilities is only meaningful if this Court adheres to current medical standards for determining who is intellectually disabled. Doing so best protects the interests of justice and the hallmarks of compassion and human dignity that are fundamental pillars of our faiths and our society. II. Under the standards of modern medicine, Mr. Moore is intellectually disabled and therefore ineligible for the death penalty. In this case, consulting contemporary medical standards can lead to only one conclusion: Mr. Moore is intellectually disabled. His IQ scores fall[] within the clinically established range for intellectual-functioning deficits. Id. at 1050. Under prevailing clinical standards, he suffer[ed] significant adaptive deficits, including an inability to read, write, properly tell time, and understand basic concepts of arithmetic. Id. at 1045, 1050. And the onset of these deficits occurred when Mr. Moore was a minor (when he faced severe abuse at the hands of his father and others). See id. at 1051. 8

Consistent with the Supreme Court s opinion, this Court should rule that Mr. Moore is intellectually disabled under current medical standards and therefore ineligible for the death penalty. III. The faith and morality of both Texans and Americans as a whole dictate that Mr. Moore not be executed. The Eighth Amendment reaffirms the duty of the government to respect the dignity of all persons. Id. at 1048 (quotations omitted). Notwithstanding amici s differing faiths and varying views regarding capital punishment, amici embrace this constitutional requirement and its prohibition on executing intellectually disabled people. Amici are compelled under their respective faiths and ethical obligations to regard the least among us with mercy. Mr. Moore is someone of significant intellectual disability and particular vulnerability. This Court has the opportunity to both prohibit a sentence that our society deems repugnant and uphold the dignity of all persons by ruling that Mr. Moore is intellectually disabled and therefore ineligible for a sentence of death. The Supreme Court has identified a national consensus against executing people with intellectual disabilities. Atkins, 536 U.S. at 316. Amici can attest that this consensus exists not just on a national scale, but in Texas as well. As faith leaders, amici have a unique perspective: They spend every day confronting issues of morality alongside their faith communities. It is their job to know the hearts, minds, and values of their congregations and communities. Their unique 9

experience allows them to speak confidently that the execution of those with intellectual disabilities conflicts with governing mores and principles. Amici are also united in their belief that executing Mr. Moore would be repugnant and immoral. There is no legitimate purpose for putting to death a person who is intellectually disabled under the standards of modern medicine. Instead, as a society, we must protect the dignity and sanctity of life of such persons. Because Mr. Moore is intellectually disabled under the medical community s current standards, he should be spared from a sentence of death. The Supreme Court has long considered the role of morality when determining the appropriateness of the death penalty, particularly in the context of intellectual disability. See, e.g., Atkins, 356 U.S. at 306 (stating that [b]ecause of their disabilities in areas of reasoning, judgment, and control of their impulses, intellectually disabled people do not act with the level of moral culpability that characterizes the most serious adult criminal conduct ). This is because the concepts of morality and justice operate hand-in-hand, for punishment cannot be just if it is immoral. Amici share the conviction that executing Mr. Moore cannot be morally justified. CONCLUSION For the foregoing reasons, this Court should rule that Mr. Moore is intellectually disabled and therefore ineligible for a sentence of death. 10

Date: November 1, 2017 Respectfully submitted, /s/ Thomas E. O Brien Thomas E. O Brien Texas State Bar No. 24046543 Yaman Desai Texas State Bar No. 24101695 BAKER BOTTS LLP 2001 Ross Avenue Dallas, Texas 75201 Telephone: (214) 953-6500 Facsimile: (214) 661-4943 tom.obrien@bakerbotts.com yaman.desai@bakerbotts.com COUNSEL FOR AMICI CURIAE 11

CERTIFICATE OF COMPLIANCE I hereby certify that this brief satisfies the word-limit requirements for amicus briefs contained in the Texas Rule of Appellate Procedure, because it contains a total of 2,073 words, excluding the portions that can be excluded pursuant to those same rules. /s/ Thomas E. O Brien Thomas E. O Brien 12

CERTIFICATE OF SERVICE I hereby certify that, on November 1, 2017, a true and correct copy of the foregoing was served via electronic mail on the following counsel of record for all parties in this case: Josh Reiss Office of Harris County District Attorney Kim Ogg 1201 Franklin St., Suite 600 Houston, Texas 77002 reiss_josh@dao.hctx.net Counsel for the State Clifford M. Sloan Skadden, Arps, Slate, Meagher & Flom LLP 1440 New York Ave. NW Washington, D.C. 20005 cliff.sloan@skadden.com Counsel for Bobby James Moore /s/ Thomas E. O Brien Thomas E. O Brien 13