In making this motion, Mr. Kohberger relies on his right to be free from cruel and unusual punishment.

Accordingly, sentencing people with ASD to death violates the Eighth Amendment.

The filing includes expressed concern about how a jury will perceive Kohberger because of this.

MOSCOW, IDAHO - JANUARY 05: Bryan Kohberger, left, sits with his attorney, public defender Anne Taylor, right, during a hearing in Latah County District Court on January 5, 2023, in Moscow, Idaho. Kohberger has been arrested for the murders of four University of Idaho students in November 2022. (Photo by Ted S. Warren - Pool/Getty Images)

Bryan KohbergerTed S. Warren/Pool/Getty Images

The fourUniversity of Idaho studentswere killed in their off-campus apartment on Nov. 13, 2022.

In May 2023, he was indicted by a grand jury on charges ofmurder.

The judge entered not guilty pleason Kohbergers behalfafter he chose to stand silent rather than enter a plea.