The Death Penalty and Intellectual Disability (Part 1)

by | Jan 9, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

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 his execution would violate the Eighth Amendment because he has an intellectual disability. See Atkins v. Virginia, 536 U. S. 304 (2002). The District Court denied Coonce’s Atkins claim without a hearing, the jury sentenced him to death, and the Eighth Circuit affirmed.

In denying Coonce relief without a hearing, the courts relied on the definition of intellectual disability by the American Association on Intellectual and Developmental Disabilities (AAIDD), which then required that an impairment manifest before age 18. It is undisputed that Coonce’s impairments fully manifested at age 20. After Coonce petitioned for certiorari, the AAIDD changed its definition to include impairments that, like Coonce’s, manifested before age 22. The Government urges us to grant certiorari, vacate the judgment below, and remand (GVR), conceding that it is reasonably probable that the Eighth Circuit would reach a different result on reconsideration given the significant shift in the definition that formed the basis of its opinion. Instead, the Court denies certiorari. Because Coonce is entitled to a hearing on his Atkins claim, and because our precedents counsel in favor of a GVR, I respectfully dissent.

Coonce’s childhood was marked by emotional, physical, and sexual abuse. He cycled through child psychiatric institutions beginning at age four. He entered the Texas juvenile system at age 11. While in juvenile custody, he cut his own body and had to be restrained so he would not further harm himself. He was sentenced to adult prison at age 17, where he continued to engage in self-mutilation. At age 20, after Coonce’s release from state prison, he suffered a traumatic brain injury. Coonce broke multiple facial bones, experienced bleeding around the brain, and briefly entered a coma. His IQ plummeted from average into the range of intellectual disability.

It is not clear why this case is before the Court if the “Government urges the Court to . . . vacate the judgment below and remand.” Under those circumstances, one would expect the Government and defense to make a joint motion to the lower court.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is the absolute BEST out there!! My experience with him was great he walked me thru everything and got my charges dropped!!!!!
Kat M
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently retained Mr. Fred Sisto to represent my son regarding a very serious legal matter. If not handled correctly these charges could have resulted in bad consequences for my son's future prospects. Mr. Sisto's knowledge of the criminal justice system is evident since he was able to get all charges dropped as well as getting them expunged from his record. If you need a criminal justice attorney who will respond quickly to all your questions and concern,as well as achieve a satisfactory solution to your case I strongly recommend Attorney Fred Sisto.
Joseph M
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is easy to work with. He explains all the intricate detail in an our language not lawyers lingo. He is also very responsive to questions you communicate to him. All of this and he was able to arrange a very favorable deal on top of being a good guy.
Frank T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred, Thank you for the notifications on the DUI stops.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
Very dedicated lawyer. Highly recommend he communicates very well with you. If you have any doubts he’s always there to answer my questions or concerns. Super nice and understanding, definitely deserves 5- stars in my book .
Hirma O
Google star 1Google star 2Google star 3Google star 4Google star 5
I recommend good lawyer
Norman T
Google star 1Google star 2Google star 3Google star 4Google star 5
I was afraid, I got myself into a tough situation and thought there was no way out of it. Not only was I given help to lower my case but I was given the best possible outcome something I never thought was possible. Month of stress is now gone because of the help I was given. Spend the money now it could save you a ton in the future.
Ryan H
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
James P
Google star 1Google star 2Google star 3Google star 4Google star 5
Great Guy, would recommend him!
Adam W
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is extremely professional. He returned my emails or phone calls right away and did not hesitate to answer any questions that I had about my legal issues. He played bargained with the prosecutor and got five out of six of my offenses dismissed. I highly recommend him.
Jalang63