Whether the Eighth and Fourteenth Amendments permit States to impose on a capital defendant the burden of proving intellectual disability by clear and convincing evidence

QUESTION PRESENTED In Atkins v. Virginia, 536 U.S. 304 (2002), this Court held that the Eighth and Fourteenth Amendments preclude the execution of defendants with intellectual disability, but left to the States the task of developing a mechanism to determine who is intellectually disabled, including the . standard of proof. Of the 24 states that have the death penalty, only Florida and Arizona employ the higher clear and convincing standard of proof. This case presents the question whether it is consistent with the Eighth and Fourteenth Amendments for States to impose on a capital defendant the burden of proving intellectual disability by clear and convincing evidence. i