DueProcess Punishment HabeasCorpus
Where this Court has declared, States may not execute anyone in the entire category of [intellectually disabled] offenders. Moore v. Texas, 137 S. Ct. 1039, 1051 (2017)(emphasis in original) (quoting Roper v. Simmons, 543 U.S. 551, 563-64 (2005)), may a state thwart the Constitutional prohibition against execution of the intellectually disabled by failing to provide a procedural vehicle for the adjudication of an Atkins-exemption claim?
QUESTION PRESENTED Where this Court has declared, “States may not execute anyone in ‘the entire category of [intellectually disabled] offenders.” Moore v. Texas, 137 S. Ct. 1039, 1051 (2017)(emphasis in original) (quoting Roper v. Simmons, 543 U.S. 551, 563-64 (2005)), may a state thwart the Constitutional prohibition against execution of the intellectually disabled by failing to provide a procedural vehicle for the adjudication of an Atkins-exemption claim? i