Whether this Court's unanimous holding in Cooper v. Oklahoma, 517 U.S. 348 (1996), clearly established that Georgia could not impose the burden of requiring proof of intellectual disability beyond a reasonable doubt, particularly when state supreme courts in Indiana, Tennessee, and other states recognized that Cooper would not allow their states to require a defendant to prove intellectual disability even by a lower standard of clear and convincing evidence.

Whether Georgia's requirement that a capital defendant prove intellectual disability beyond a reasonable doubt violates the Eighth Amendment