(Slate) – While there is nothing new about autism playing a role in death cases, Kohberger’s motion ups the ante. Rather than waiting until a death sentence has been imposed, they are arguing it would be unconstitutional to allow a jury even to consider it.

They base their argument on a Supreme Court case, Atkins v. Virginia, which ruled that the death penalty would be a cruel punishment if it were applied to people with intellectual disabilities. (Read More)