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 (totaling 41) solely because his impairments fully manifested at age 20. See Moore, 581 […]

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. §17–7–131(a)(2) (2020); Ky. Rev. Stat. Ann. §532.130(2) (West 2016); S. C. Code Ann. §16–3–20(C)(b)(10) (2015); see also Woodall v. […]

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. 3 (quoting DSM–IV, p. 41 (4th ed. 2000)). However, in 2013, the […]

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 he satisfies that requirement, he likely could establish an intellectual disability under […]

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 period,’ defined as ‘during childhood or adolescence.’” And, it added, Coonce “tells us about literature suggesting the […]

Justice Sotomayor continued in relevant part: At age 29, while in federal prison serving a life sentence for kidnapping and carjacking, Coonce and his codefendant, Charles Michael Hall, attacked and killed Victor Castro Rodriguez, another prisoner. Hall was a decade older than Coonce, with an IQ about 30 points higher. It was Hall who bound, […]

On November 1, 2021, the United States Supreme Court denied certiorari in the case of Coonce v. United States. Justice Sotomayor dissented. She was joined by Justices Breyer and Kagan. The dissent wrote in relevant part: Petitioner Wesley Paul Coonce, Jr., was convicted in federal court of murder. Facing the death penalty, he argued that […]

Justice Sotomayor concluded with the following in relevant part: Simmons specified the legal materials that were unavailable: the “‘Rules Governing 2255 Proceedings and the Antiterrorism and Effective Death Penalty Act of 1996 statute of limitations,’” as well as any “‘federal Law Library.’” Id., at 793. And he explained that this lack of access “‘prevented him […]

The dissent continued in relevant part: Specifically, prisons must provide the legal materials and “tools that the inmates need in order to attack their sentences, directly or collaterally.” Lewis, 518 U. S., at 355. Several Circuits have held, therefore, that a prison’s failure to provide these “tools” may constitute an unconstitutional government impairment that tolls […]

On November 1, 2021, the United States Supreme Court denied a petition for a writ of certiorari in the case of U.S. v. RonRico Simmons, Jr. Justice Sotomayor filed a dissenting statement. She was joined in dissent by Justice Kagan. The dissent wrote in relevant part: RonRico Simmons, Jr., alleges that he was unable to […]