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Hamm v. Smith

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
23-167 11th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether Hall v. Florida and Moore v. Texas mandate that courts deem the standard of “significantly subaverage intellectual functioning” for determining intellectual disability in Atkins v. Virginia satisfied when an offender’s lowest IQ score, decreased by one standard error of measurement, is 70 or below; and (2) whether the court should overrule Hall and Moore, or at least clarify that they permit courts to consider multiple IQ scores and the probability that an offender’s IQ does not fall at the bottom of the lowest IQ score’s error range.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 17 2023Petition for a writ of certiorari filed. (Response due September 20, 2023)
Sep 20 2023Brief amici curiae of Idaho, et. al. filed.
Sep 20 2023Brief of respondent Joseph Clifton Smith in opposition filed.
Sep 20 2023Motion for leave to proceed in forma pauperis filed by respondent Joseph Clifton Smith.
Oct 04 2023DISTRIBUTED for Conference of 10/27/2023.
Oct 04 2023Reply of petitioner Commissioner, Alabama Dept. of Corrections filed. (Distributed)
Oct 25 2023Rescheduled.
Oct 30 2023DISTRIBUTED for Conference of 11/3/2023.
Nov 01 2023Rescheduled.
Nov 06 2023DISTRIBUTED for Conference of 11/9/2023.
Nov 08 2023Rescheduled.
Nov 13 2023DISTRIBUTED for Conference of 11/17/2023.
Nov 16 2023Rescheduled.
Nov 27 2023DISTRIBUTED for Conference of 12/1/2023.
Dec 01 2023Rescheduled.
Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
Dec 15 2023Record Requested.
Jan 02 2024DISTRIBUTED for Conference of 1/5/2024.
Jan 02 2024Electronic record received from the U.S. Court of Appeals for the 11th Circuit.
Jan 08 2024DISTRIBUTED for Conference of 1/12/2024.
Jan 09 2024Record received from the U.S. District Court for the Southern District of Alabama (2 boxes).
Jan 16 2024DISTRIBUTED for Conference of 1/19/2024.
Feb 09 2024DISTRIBUTED for Conference of 2/16/2024.
Feb 20 2024DISTRIBUTED for Conference of 2/23/2024.