Whether the execution of a defendant with intellectual disability that arose after age 18 violates the Eighth and Fifth Amendments

QUESTIONS PRESENTED 1. Because the age at which a capital defendant became intellectually disabled does not bear on his moral culpability, did the Court of Appeals err in concluding that the Eighth and Fifth Amendments permit the government to execute Petitioner — though his 71 1.Q. and severe adaptive deficits otherwise meet the criteria for a medical diagnosis of intellectual disability that would bar his execution under 18 U.S.C. § 3596(c) and Atkins v. Virginia, 536 U.S. 304 (2002) — solely because his impairment originated at age 20 rather than before age 18? 2. Did the Court of Appeals err in concluding, like other Circuits but unlike numerous state courts of last resort, that notwithstanding this Court’s recent teaching concerning the Sixth Amendment’s Confrontation Clause, its seventy-year-old decision in Williams v. New York, 337 U.S. 241 (1949), allows the admission of testimonial hearsay to prove an aggravating factor at a capital sentencing hearing? i