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Coonce v. United States

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Petition for certiorari denied on November 1, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
19-7862 8th Cir. N/A N/A N/A N/A OT 2021

Issues: (1) Whether, because the age at which a capital defendant became intellectually disabled does not bear on his moral culpability, the U.S. Court of Appeals for the 8th Circuit erred in concluding that the Eighth and Fifth Amendments permit the government to execute the petitioner, Wesley Coonce ― though his 71 I.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 ― solely because his impairment originated at age 20 rather than before age 18; and (2) whether the 8th Circuit erred in concluding, like other circuits but unlike numerous state courts of last resort, that notwithstanding the Supreme Court’s recent teaching concerning the Sixth Amendment’s confrontation clause, its 70-year-old decision in Williams v. New York allows the admission of testimonial hearsay to prove an aggravating factor at a capital sentencing hearing.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 04 2019Application (19A632) to extend the time to file a petition for a writ of certiorari from January 2, 2020 to March 2, 2020, submitted to Justice Gorsuch.
Dec 06 2019Application (19A632) granted by Justice Gorsuch extending the time to file until March 2, 2020.
Feb 28 2020Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2020)
Mar 27 2020Motion to extend the time to file a response from April 2, 2020 to May 4, 2020, submitted to The Clerk.
Mar 30 2020Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2020.
Apr 16 2020Motion to extend the time to file a response from May 4, 2020 to June 3, 2020, submitted to The Clerk.
Apr 17 2020Motion to extend the time to file a response is granted and the time is further extended to and including June 3, 2020.
Jun 03 2020Motion to extend the time to file a response from June 3, 2020 to July 6, 2020, submitted to The Clerk.
Jun 03 2020Motion to extend the time to file a response is granted and the time is further extended to and including July 6, 2020.
Jul 02 2020Motion to extend the time to file a response from July 6, 2020 to August 5, 2020, submitted to The Clerk.
Jul 06 2020Motion to extend the time to file a response is granted and the time is further extended to and including August 5, 2020.
Aug 03 2020Motion to extend the time to file a response from August 5, 2020 to October 12, 2020, submitted to The Clerk.
Aug 05 2020Motion to extend the time to file a response is granted and the time is further extended to and including October 13, 2020.
Oct 08 2020Motion to extend the time to file a response from October 13, 2020 to December 1, 2020, submitted to The Clerk.
Oct 09 2020Motion to extend the time to file a response is granted and the time is further extended to and including December 1, 2020.
Nov 30 2020Motion to extend the time to file a response from December 1, 2020 to February 19, 2021, submitted to The Clerk.
Dec 01 2020Motion to extend the time to file a response is granted and the time is further extended to and including February 19, 2021.
Feb 16 2021Motion to extend the time to file a response from February 19, 2021 to April 20, 2021, submitted to The Clerk.
Feb 17 2021Motion to extend the time to file a response is granted and the time is further extended to and including April 20, 2021.
Feb 26 2021Supplemental brief of petitioner Wesley Coonce, Jr. filed.
Apr 20 2021Motion to extend the time to file a response from April 20, 2021 to June 21, 2021, submitted to The Clerk.
Apr 21 2021Motion to extend the time to file a response is granted and the time is further extended to and including June 21, 2021.
Jun 16 2021Motion to extend the time to file a response from June 21, 2021 to July 21, 2021, submitted to The Clerk.
Jun 17 2021Motion to extend the time to file a response is granted and the time is further extended to and including July 21, 2021.
Jul 21 2021Brief of respondent United States filed.
Aug 02 2021Reply of petitioner Wesley Coonce, Jr. filed.
Aug 05 2021DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
Oct 25 2021DISTRIBUTED for Conference of 10/29/2021.
Nov 01 2021Petition DENIED. Justice Sotomayor, with whom Justice Breyer and Justice Kagan join, dissenting from the denial of certiorari. (Detached Opinion)