Whether a state can thwart the constitutional prohibition against executing intellectually disabled offenders by failing to provide a procedural vehicle for adjudicating an Atkins exemption claim

QUESTIONS PRESENTED Where a petitioner establishes uncontested proof that despite effort he repeated the first grade and was enrolled in special education in the second grade; that his reading has never advanced beyond a fourth grade level; that he cannot tell time using an analog clock; that he cannot understand or work with money; that he has never been able to navigate beyond a one-mile radius of his childhood home: that his IQ score is between 67 and 75; that his disabilities existed prior to his eighteenth birthday; and where this Court declared in Moore v. Texas, “States may not execute anyone in ‘the entire category of [intellectually disabled] offenders” 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? Moore v. Texas, 137 S.Ct. 1039, 1051 (2017) (emphasis in original) (quoting Roper v. Simmons, 543 U.S. 551, 563-63 (2005)). i