Supreme Court Report

Supreme Court of the United States · Official docket →

Wesley Paul Coonce, Jr. v. United States

IFP petition · United States Court of Appeals for the Eighth Circuit, No. 14-2800 · judgment July 25, 2019


Certiorari denied · November 1, 2021

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 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, 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?

Counsel of record

For petitioner
Robert Charles Owen
Law Office of Robert C. Owen, LLC

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 4 conferences

Linked docket
19A632

Argument & decision

Decided November 1, 2021.

Proceedings

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