by Fred Sisto | Jan 21, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The two-justice dissent continued in relevant part: Because these courts have defined intellectual disability for capital cases in direct reference to the medical consensus, it is far from clear that Coonce would be denied an Atkins hearing in these five States...
by Fred Sisto | Jan 19, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Sotomayor continued in relevant part: Three more States (totaling 9) similarly impose no rigid age-of-onset cutoff and require onset “during the developmental period,” indicating flexibility and suggesting incorporation of the medical consensus. Ga. Code Ann....
by Fred Sisto | Jan 17, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The dissent continued in relevant part: Similarly, the APA’s Diagnostic and Statistical Manual of Mental Disorders (DSM) used to require an impairment to onset “‘before age 18 years’” to meet the definition of an intellectual disability. Atkins, 536 U. S., at 308, n....
by Fred Sisto | Jan 15, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court’s refusal to GVR is deeply concerning, especially given the strength of Coonce’s claim. In context, the change in the AAIDD’s definition provides compelling evidence of a shift in consensus in Coonce’s favor with respect to the age of onset requirement. If...
by Fred Sisto | Jan 13, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The dissent continued in relevant part: When considering Coonce’s Eighth Amendment claim, the court acknowledged that “the American Psychiatric Association (APA) has recently changed its definition for the age of onset from before eighteen to ‘during the developmental...