Remove Cory Johnson from Death Row and Prevent His Scheduled Execution

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On November 20th, Attorney General William Barr scheduled the execution of Cory Johnson at the United States Penitentiary in Terre Haute, Indiana in this press release.

Johnson's attorneys, Ronald J. Tabak and Donald P. Salzman said "Cory Johnson is a person with intellectual disability."

The supreme court ruling Atkins v. Virginia, 536 U.S. 304 (2002) held that "allowing the execution of mentally handicapped individuals violates the Eighth Amendment's prohibition of cruel and unusual punishments."

The execution of Cory Johnson is unconstitutional.

The case Hall v. Florida, 572 U.S. 701 (2014) specified the conditions to consider a criminal mentally handicapped as "1.) “subaverage intellectual functioning,” meaning low I.Q. scores; 2.) a lack of fundamental social and practical skills; and 3.) the presence of both conditions before age 18."

At the age of 13, Johnson was abandoned by his mother to a residential facility for children with intellectual and emotional impairments. At 18, the facility released him into society "with no life skills, no structure or support". 

His lawyers stated: "Yet, despite compelling evidence demonstrating his intellectual disability, no jury or court has ever listened to the evidence at a hearing to decide if he has an intellectual disability."

His execution is currently scheduled for January 14th.

Attorney General William Barr: Do not proceed with the execution of Mr. Johnson until he has a fair opportunity to present evidence that he has a mental disability and that the execution is unconstitutional.